AN IMPORTANT DECISION.

New Zealand Mail, Issue 1290, 19 November 1896, Page 13

AN IMPORTANT DECISION.

Mr Justice Edwards gave judgment yesterday in the case of Hutson against the Official Assignee in the estate of Mary Ann Bowen. This was an action for an injunction against Air H. S. Warded, S.M., to prevent the Official Assignee from proceeding further on a judgment obtained by him against the plaintiff Hutson in the Magistrate’s Court. Judgment was given in that case on the ground that certain payments made to Hutson were preferential, and the question before the Magistrate was whether he had jurisdiction to deal with the question of fraudulent preference arising under the Bankruptcy Act. The Magistrate held he had jurisdiction, and gave judgment for JM46, and costs. The plaintiff Hutson sought by these proceedings to prevent the Official Assignee from taking further steps under the judgment on the ground that the Magistrate had no jurisdiction in this matter. The case was heard before Mr Justice Edwards last week, and judgment was delivered yesterday morning. His Honor hold that the Magistrate had power

f to deal with such a question, and dismissed ! the motion, with costs on the lowest scale. Mr Gray appeared on behalf of Mr Hutson; j and Dr Findlay represented the Official i Assignee.