BANKRUPTCY BUSINESS

Taranaki Daily News, Volume LII, Issue 212, 13 October 1909, Page 4

BANKRUPTCY BUSINESS

STRATFORD PROTESTS. Stratford people are annoyed because meetings of creditors in Stratford bankrupt estates are being held in New Plymouth, and they are quite right in entering a protest. The Stratford Post lays the blame oil the Registrar 0 f the Supreme Court, and in a recent issue had the following in a sub-leader:— "\Ve can only conjecture that a stupid departmental blunder has U-curred, and probably some minor official's vagaries are responsible for the inconvenience the public of this district are being put in th e matter.'' In our issue of yesterday our Stratlord correspondent had the following:— "The atmosphere has received a violent shock, and a highly indignant public waxes eloquent in the press l and street over the action of the Registrar of the Supreme Court in New Plymouth i.i granting a -wholesale license to the deputy there to administer the Bankruptcy Act for Stratford. We have a very capable deputy assignee here, and tlie action of the Registrar puzzles everyone but himself. 1 don't know who the Registrar is. but it would be a kind and fatherly action if the powers that In* senL him a .small book, entitled, "The straight and connnonscnse duties of a Registrar of the Supreme Court,'' to be read daily between meals."

Then on Monday the Post complained that "the Justice Department, or at anyrate the bankruptcy .side of it, sleeps heavily, and is slow to move. Motwithstanding the protests entered . . .

a meeting in the estate of 13. .Marsh, the younger, of Douglas, is advertised to •take place at New Plymouth on October 20." Reference is made to two other Stratford bankruptcies, and to the circumstances of one of them, nnd then ilie Post goes on: "All throe of the ,abov'e bankruptcies mentioned applied in the first instance to Mr. Alfred Coleman, at Stratford, notifying their dei sire to file, and in two instances paid thjir tiling fees and completed their debtors' petitions at Mr. Coleman's office. Why the Registrar took upon himself to hand the papers to anotner Deputy Assignee in another town is a question that needs looking into as i matter of fairness- to Mr. Coleman, apart from the question of public convenience which appears to have beei utterly ignored in this connection," As the result of inquiries we find that the difficulty, as far as Stratford is concerned, arises out of the abolition of the Court. Some years ago Hawera, and latterly Stratford, were included in the District Court itineraiv, and a D.O.A. nppointed at Stratford. It was possible then for petitions in bankruptcy to be filed in the District Court at Hawera and Stratford. Then the District Courts were abolis'hed, and bankruptcy business moved into the Supreme Court, the office and Registrar of which are at New Plymouth. lit is thus necessary for Hawera and Stratford bankruptcy petitions to be filed at New Plymouth. The appointments of these Deputy Official Assignees are, we are given to understand similar one to the other and the holder is appointed "to be the deputy of the Official Assignee for the northern district in th-* management of <\nv bankrupt estate within the jurisdiction of t/he Supreme Court exercising jurisdiction in bankruptcy at New Plymouth." Thus each has a big district, and the district is the same in each case. It seems to be competent for the Hawera man to take bankruptcy business at New Plymouth; for the Stratford D.O.A. to administer an estate in Hawera; or for the New Plymouth Deputy Official Assignee to administer a Stratford bankrupt's estate. Of course, it is only a commonsense proposition that the gentleman holding the position of D.O.A. at Strat ford should handle the Stratford business.

Ihit it is tlu» business of Hie Registrar to decide vlu> shall administer an estate. Has lio to decide between Hawera and Stratford in the event of an Eltham bankruptcy, or a petition from Kapouga? There's nothing in the Act 1o say so. His duties are clearly defined. Tile Bankruptcy Act sets out dearly that *'t'lie Registrar, immediately upon adjudication, sliall give notice thereof to the Assignee." An interpretation clause has it that, "the Assignee or Official Assignee means the •Official Assignee or Deputy A*«igneo appointed under this Act.'' So that to comply with the provisions of the Act the Ucgistrar must notify the OlTicitl

.\--ignee nt Wellington, or a deputy >i-o :r jne<\ nf a bankruptcy. And he notifies 1h(. neare-t. There his duty ceases Whether or not Mr. Medley, the D.O.A. at New PlymouTh. should hand over the conduct of onlside cases to. outside deputies is a matter that can host 1)0 settled between the officials interested, who may agree upon boundaries of districts for themselves. Hut apparently the Registrar eannot be blamed, undoubtedly, though. the meetings of creditors in Stratford bankrupt estates are held in New Plymouth at very great inconvenience to the Stratford people.

PROTEST TO THE MINISTER FOR ■ JUSTICE. By Telegraph.—Pfo3s Association. Stratford, October 12. The Stratford Borough Council has resolved to protest to Me Minister of Justice against the action of the Registrar of the Supreme Court at New Plymouth ill handing over to the Deputy Official Assignee at New Plymouth a bankruptcy estate which should have been administered at Stratford, and to request that mi iinjuirv should be made into the.matter so that injustice and expense to the local creditors .may be avoided.