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Lillas & Loel Lawyers Pty Ltd v Smits [2016] FCA 11

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BANKRUPTCY AND INSOLVENCY - creditor's petition - act of bankruptcy constituted by failure to comply with bankruptcy notice based on order for costs against respondent debtor made in Supreme Court of Queensland - where controlling trustee appointed - where resolution passed at meeting of creditors in favour of debtor executing personal insolvency agreement (PIA) - where applicant creditor and Deputy Commissioner of Taxation as supporting creditor opposed to PIA - whether PIA would be for the advantage of creditors - where debtor sought adjournment of petition Held: PIA provided for miniscule return to creditors - adjournment of petition would only visit further costs on applicant and supporting creditor - sequestration order made

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