SHARE-MILKER'S CLAIM

New Zealand Herald, Volume LXXI, Issue 21855, 18 July 1934, Page 16

SHARE-MILKER'S CLAIM

BANKRUPTCY PETITION PROCEEDINGS SUSPENDED An order suspending proceedings for 12 months was made in the Supremo Court by Mr. Justice Fair yesterday in the case in which Kesha Vala, of Awaiti, share-milker (Mr. Rudd), sought to have George Ralph Nisbett, of Netherton, farmer (Mr. O'Neill), declared bankrupt. The case was heard on June 29, and His Honor reserved his decision. His Honor said that in May, 1932, Nisbett owed Kesha Vala £360, partly for wages, and partly under a sharemilking agreement. On February 27, 1934, petitioner obtained judgment against debtor for £4OO, and issued a bankruptcy notice on April 27, noncompliance with which formed the basis of the present petition. It appeared, said His Honor, that some of the creditors entitled to preference had been paid, but that nothing had been paid to petitioner, and the committee had intimated that nothing would be paid to him until he signed the deed. It would have been better if the committee had treated petitioner, in so far *is his claim included a claim for four months' wages, on the same basis as the other creditors who had wages claims, and the fact that, it did not so treat him gave petitioner some ground tor complaint. "1 do not desire to dismiss the petition if that can bo avoided," said His Honor, "both because tho position of the debtor in the future is uncertain, and because tho conduct of the petitioner has not been unreasonable, while that of the committee has been open to i criticism." j

His Honor made an order suspending proceedings for 12 months, on condition that £lO costs was paid to petitioner, and that 'petitioner should be paid pari passu with the other creditors.