Smeaton, K.R. v. Kingham Agencies Pty Ltd & Ors [1987] FCA 456

Smeaton, K.R. v. Kingham Agencies Pty Ltd & Ors [1987] FCA 456

The application for extension should be dismissed as the handling was careless, no adequate reason for delay was advanced, and the arrangement was not especially advantageous for creditors.

Parties
Applicant: Kingham Agencies Pty. Ltd.; Applicant: Robert John Bailey; Applicant: Edward Charles Roach; Applicant: Maureen Joan Roach; Applicant: Amanda Jane Beal; Debtor: Kevin Roy Smeaton
Jurisdiction
Australia
Judgment Date
17 August 1987
Procedural Posture
Bankruptcy / Application for Extension of Time to Execute Deed of Arrangement
Outcome
application dismissed
Legal Topics
Deed of Arrangement, Extension of Time, Bankruptcy Act 1966 S.216, Creditor Meetings
Bankruptcy Deed of Arrangement Extension of Time Bankruptcy Act 1966 S.216 Creditor Meetings

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Parties

Kingham Agencies Pty. Ltd.

Applicant

Robert John Bailey

Applicant

Edward Charles Roach

Applicant

Maureen Joan Roach

Applicant

Amanda Jane Beal

Applicant

Kevin Roy Smeaton

Debtor

Procedural Posture

Bankruptcy / Application for Extension of Time to Execute Deed of Arrangement

Legal Issues

  1. 1 Whether to extend time for execution of deed of arrangement under Part X of the Bankruptcy Act 1966

Ratio Decidendi

The application for extension should be dismissed as the handling was careless, no adequate reason for delay was advanced, and the arrangement was not especially advantageous for creditors.

Court Disposition

application dismissed

Orders

  • The application for an extension of time in which to execute a deed of arrangement be dismissed.