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Pyramid Building Society (In Liq) v Terry & Another

(1997) 189 CLR 176

(Judgment by: Toohey J)

PYRAMID BUILDING SOCIETY (in liquidation) v BRUCE MITCHELL TERRY & ANOR

Court:
HIGH COURT OF AUSTRALIA

Judges:
TooheyGaudron, Gummow
McHugh
Kirby JJ

Subject References:
BANKRUPTCY
Composition under Pt X of the Bankruptcy Act 1966 (Cth)
Contingent liability under a guarantee
Whether a "provable debt" in a Pt X composition.
STATUTORY INTERPRETATION
Relevance of statutory history and purpose.

Legislative References:
Bankruptcy Act 1966 (Cth) - 82; 187; 198; 238; 239; 240; 243.

Other References:
Bankruptcy Rules (Cth), r 84.

Judgment date: 25 SEPTEMBER 1997

Judgment by:
Toohey J

I would dismiss this appeal for the reasons given by Kirby J. I have nothing to add to those reasons.


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