Watkinson, Re H. Ex Parte Registrar In Bankruptcy v Watkinson, H. & Anor [1986] FCA 167

Watkinson, Re H. Ex Parte Registrar In Bankruptcy v Watkinson, H. & Anor [1986] FCA 167

Applications to set aside the composition under s. 222 were brought within time, as the final payment under the composition is to be interpreted as the payment by the trustee to creditors, not the payment to the trustee by the debtor.

Source-derived case information.

Parties
Applicant: Registrar in Bankruptcy; Respondent: Honny Watkinson; Respondent: Ian Kenneth MacKinnon; Creditor: Mayor, Councillors and Citizens of the City of Geelong
Jurisdiction
Australia
Judgment Date
03 March 1986
Procedural Posture
Bankruptcy / Hearing of Preliminary Objection on Point of Law
Outcome
Preliminary objection determined in favour of Registrar in Bankruptcy and City of Geelong, and against the debtor.
Legal Topics
Void Composition, Time Limitation for Applications Under Bankruptcy Act, Final Payment Under Composition
Bankruptcy Void Composition Time Limitation for Applications Under Bankruptcy Act Final Payment Under Composition

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Parties

Registrar in Bankruptcy

Applicant

Honny Watkinson

Respondent

Ian Kenneth MacKinnon

Respondent

Mayor, Councillors and Citizens of the City of Geelong

Creditor

Procedural Posture

Bankruptcy / Hearing of Preliminary Objection on Point of Law

Legal Issues

  1. 1 Whether the application to have the composition declared void was made within the time prescribed by s. 222(6)(c) of the Bankruptcy Act 1966

Ratio Decidendi

Applications to set aside the composition under s. 222 were brought within time, as the final payment under the composition is to be interpreted as the payment by the trustee to creditors, not the payment to the trustee by the debtor.

Court Disposition

Preliminary objection determined in favour of Registrar in Bankruptcy and City of Geelong, and against the debtor.

Orders

  • The applications by the Registrar in Bankruptcy and City of Geelong are within time pursuant to s. 222(6)(c) of the Bankruptcy Act 1966.