CHARGING ORDER MADE
DEBTOR OUT OF NEW ZEALAND His Honor Mr Justice fsim was asked in the Supreme Court this morning to make a charging order on a third party in the case of a debtor who had left New Zealand. The case was that of the Invercargill Savings Bank v. T. Genge and Robert M’Donald. Genge had been guaranteed by M’Donald, who bad Jcft the country. It was ascertained that money belonging to M’Donald was in other parties’ hands, and it was to prevent the money being handed over to M’Donald that the charging order was sought. Mr J. S. Sinclair, who appeared in support of the application, said the matter had not been dealt with on a previous occasion, because it had been held that an affidavit did not prove that M’Donald was remaining out of the country to defeat his creditors.
His Honor: “it seemed a wild guess that that was Ids purpose.”
Mr Sinclair said it was a difficult matter to prove. Since their another affidavit had been filed. There was tho fact that the man in tho first place denied his liability. Then he disappeared, and his sun refused to give his address.
His Honor made an order nisi in favor of tho applicant.
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Evening Star, Issue 19790, 14 February 1928, Page 5
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209CHARGING ORDER MADE Evening Star, Issue 19790, 14 February 1928, Page 5
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