Re Kevin Graeme Blake Ex Parte Kebroc Home Developments Pty Ltd & Ors [1980] FCA 208

Re Kevin Graeme Blake Ex Parte Kebroc Home Developments Pty Ltd & Ors [1980] FCA 208

The composition is void because the debtor omitted material particulars from his statement of affairs by failing to disclose the amount claimed by Kebroc Home Developments Pty. Ltd. (In Liquidation), and it is in the interests of the creditors that the composition be declared void.

Parties
Applicant: KEBROC HOME DEVELOPMENTS PTY. LTD. (IN LIQUIDATION); Applicant: CITICORP AUSTRALIA LIMITED; Respondent: KEVIN GRAEME BLAKE; Respondent: VICTOR RAYMOND DYE
Jurisdiction
Australia
Judgment Date
22 May 1980
Procedural Posture
Bankruptcy Application / Judgment
Outcome
composition declared void; costs to applicants
Legal Topics
Composition Under Part X, Omission From Statement of Affairs, Validity of Chairman's Certificate, Interests of Creditors
Bankruptcy Composition Under Part X Omission From Statement of Affairs Validity of Chairman's Certificate Interests of Creditors

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Parties

KEBROC HOME DEVELOPMENTS PTY. LTD. (IN LIQUIDATION)

Applicant

CITICORP AUSTRALIA LIMITED

Applicant

KEVIN GRAEME BLAKE

Respondent

VICTOR RAYMOND DYE

Respondent

Procedural Posture

Bankruptcy Application / Judgment

Legal Issues

  1. 1 Whether the debtor omitted material particulars from his statement of affairs within the meaning of s.222(5) Bankruptcy Act 1966
  2. 2 Whether it is in the interests of creditors to declare the composition void
  3. 3 Whether the chairman's certificate is conclusive under s.225 Bankruptcy Act 1966

Ratio Decidendi

The composition is void because the debtor omitted material particulars from his statement of affairs by failing to disclose the amount claimed by Kebroc Home Developments Pty. Ltd. (In Liquidation), and it is in the interests of the creditors that the composition be declared void.

Court Disposition

composition declared void; costs to applicants

Orders

  • That the composition of the debtor dated 12 October 1979 be declared to be void.
  • That the costs of the applicants of and incidental to the application be taxed and paid by the respondents.