A RECEIVER'S POWERS

Dominion, Volume 20, Issue 58, 2 December 1926, Page 18

A RECEIVER'S POWERS

LEGAL QUESTION DECIDED. Dominion Special. Christchurch, December 1. Whether a receiver appointed under tho Destitute Persons Act has power to sell the property in respect of which he is receiver was the unique point of law which Mr. Justice Stringer was called upon to decide this morning. The Public Trustee as receiver and Mabel Elizabeth Hern, a married woman, asked for an originating order against Robert Marshall Hern of Christchurch, builder, and William Bailey, of Sumner. It was set but that defendants were respectively the owner in fee simple and the mort'mgee of certain land. The Public Trustee claimed to be receiver representing Mabel Elizabeth Hern, a judgment creditor of Robert Marshall /Hern, pursuant to two separate maintenance orders made Horn by a Stipendiary Magistrate in respect of the maintenance of Mrs. Hern and the children o fher marriage with Hern. Mr. McCarthy, for plaintiffs, said the point was whether the Court had power to authorise the receiver to sell the property. His Honour: I think it would-render the Act an absurdity if, having obtained a charge, there was no means provided by way of enforcing it. Having the charge would not provide the woman with maintenance.

Mr. McCarthy said that when the property was sold anything over the mortgage should be deposited with the Public Trustee as receiver, to bo paid out to the woman and her children. His Honour made the order.