Official Trustee (in the matter of Van) [1999] FCA 1056

Official Trustee (in the matter of Van) [1999] FCA 1056

The debtor failed to carry out the terms of the agreement by not making required payments. With creditors notified and none appearing to oppose, the court finds termination is in the creditors' interests under s185Q(4)(a) of the Bankruptcy Act 1966.

Parties
Applicant: Official Trustee; Debtor: Francis Everard Van
Jurisdiction
Australia
Judgment Date
20 July 1999
Procedural Posture
Application by Official Trustee for Termination of Debt Agreement / Final Determination and Orders
Outcome
application granted
Legal Topics
Termination of Debt Agreement, Insolvency Administration, Application Under Bankruptcy Act 1966 S185 Q
Bankruptcy Termination of Debt Agreement Insolvency Administration Application Under Bankruptcy Act 1966 S185 Q

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Parties

Official Trustee

Applicant

Francis Everard Van

Debtor

Procedural Posture

Application by Official Trustee for Termination of Debt Agreement / Final Determination and Orders

Legal Issues

  1. 1 Whether the court should order termination of the debt agreement under s185Q of the Bankruptcy Act 1966

Ratio Decidendi

The debtor failed to carry out the terms of the agreement by not making required payments. With creditors notified and none appearing to oppose, the court finds termination is in the creditors' interests under s185Q(4)(a) of the Bankruptcy Act 1966.

Court Disposition

application granted

Orders

  • The debt agreement entered into by Francis Everard Van be terminated pursuant to s185Q of the Bankruptcy Act 1966.