RECOVERY OF DEBTS IN BANKRUPTCY
[Per Pbsss Association,]
Auckland, August 9.
A decision of gome importance to debtors In bankrupt estates was given by Mr Jnatlce Rtohmond ic Ohambera today. Somo time ago Mr E. 0. Goodlnge obtained from tho Offioial Assignee the book debts In the bankrupt estate of William MoAlplne, a palnber. He. eued some debtors for the amounts owed by them to the estate respectively, and tho Magistrate) held that under the Property L»w Consolidation Aot, requrlng notloe to be given to a debtor before he Is sued, which had not been done in theea oases, plaintiff could not sneoeed. Mr Morrison, who appeared for tha plaintiff, contended Ihit the Bankruptcy Act enabled the Offioial Aeslpnee, and any parson to whom he might asafgn debts, to reoovor without notioa. He obtained leavo to eppaal, aad afterwards mcved In the Supreme Court for a writ of mandamus Mr Jaetlce j Richmond gave the following judgmoot : — 'In tils caeo the writ muß ; go I see no reason to doubt that the assignment by the Official Assignee la good In equity, Independent of the bankruptcy, a -id onablc-s the transfereo to buo In hia owo name without reference to the Property Lair Consolidation Act. I think that tho debtor has no dofenoa. The effect of the Property Law Ocniolidatlon Act la only to give a rfght to cue at law for 'hit whfo'i then already exists, the rlfjht to aua fo? In equity. Let the writ ?H3ap." Subsequently Me Morrison applied to Mr Roblnaon, R.M., In that phintiff should recaive iudgmeut, and ha Worehlp Rooordlngly entered a p judgment foe tho plaintiff.
See our copyright guide for information on how you may use this title.
Papers Past now contains more than just newspapers. Use these links to navigate to other kinds of materials.
These links will always show you how deep you are in the collection. Click them to get a broader view of the items you're currently viewing.
Enter names, places, or other keywords that you're curious about here. We'll look for them in the fulltext of millions of articles.
Browsed to an interesting page? Click here to search within the item you're currently viewing, or start a new search.
Use these buttons to limit your searches to particular dates, titles, and more.
Switch between images of the original document and text transcriptions and outlines you can cut and paste.
Print, save, zoom in and more.
If you'd rather just browse through documents, click here to find titles and issues from particular dates and geographic regions.
The "Help" link will show you different tips for each page on the site, so click here often as you explore the site.