The Bankruptcy Act
AN IMPORTANT DECISION. [Per Press Association.] Wellington, July 13. An important decision under the bankruptcy laws has been given by Mr Justice Richmond. Mr Hall moved in the Bankruptcy Court, on behalf of Wilson, Williams, McCullough & Co., of Auckland, drapers, for leave to proceed to enforce an order for imprisonment under a judgment summons, notwithstanding that the debtor had filed his schedule after the order had been made. Mr Tripp opposed the motion, but was not called upon to argue, His Honor stating that he would take time to consider whether further argument was necessary. Mr Tripp, however, informed His Honor that he was prepared to contend that since the passing of the Bankruptcy Act, 1892, by virtue of section 58, the filing of the petition was an absolute bar to proceedings to enforce an order for imprisonment for debt. His Honor has now decided that under section 58 of the Act of last year, he has no power to imprison a debtor. The motion was therefore dismissed without costs.
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https://paperspast.natlib.govt.nz/newspapers/FS18930714.2.14
Bibliographic details
Feilding Star, Volume XV, Issue 12, 14 July 1893, Page 2
Word Count
173The Bankruptcy Act Feilding Star, Volume XV, Issue 12, 14 July 1893, Page 2
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