Pyramid Building Society (In Liq) v Terry & Another
(1997) 189 CLR 176PYRAMID BUILDING SOCIETY (in liquidation) v BRUCE MITCHELL TERRY & ANOR
Court:
Judges:
Toohey
Gaudron, 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
ORDER
1. Appeal allowed with costs.
2. Set aside paragraph 2 of the order made by the Court of Appeal and in place thereof order that the appeal by Mr and Mrs Terry be dismissed with costs.
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