RECOVERY OF DEBTS IN BANKRUPTCY

Ashburton Guardian, Volume VII, Issue 2196, 10 August 1889, Page 2

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.