DISTRICT COURT.

Nelson Evening Mail, Volume XV, Issue 256, 20 December 1880, Page 2

DISTRICT COURT.

[Before His Honor Judge Broad.] Ee W. Boddington, a Bankrupt. His Honor delivered judgment thia morning as follows :— ln this cgse Mr Fell as

cobnsel for the Bank of New South Wales wished to oppose the Bankrupt's discharge; but it appeared that seven days' notice of intei'tion to oppose bad not been giten under rule 45. I ruled, following the decision of Williams J. in re O. Cummins, 2NZ. j , N.S.* 191, that the opposing creditor could not be heard. Mr B'ell who appeared also as counsel for the Trustee applied for him to be allowed to oppose the Bankrupt's discharge, but it was held by Prendergnst, C. A., in re Salmon, 4 N.Z.J,, N.S., that the Trustee could not be represented by counsel for such a purpose. JUventually, Mr Fell, for the Trustee, asked that a day might be fixed for an examination of the Bankrupt before the Court, and this application, together with ihat of tho Bankrupt for bis discharge, I took time to consider, because I had hot then had an opportunity of reading the evidence (which is somewhat lengthy) connected with the caae. I am quite satisfied that I have the power to entertain the special application for the examination of the Bankrupt before the Court and after perusing the evidence that seeihs to me the proper bourse. The order will be that the Bankrupt's application for discbarge bo postponed, ancl that he appear before this Court at its first sitting in January for the purpose of beiog examined.