CONTRACTOR OR WORKMAN ?
fin Important Decision/ Hiß Honour, Mr Distriok Judge Kettle, has forwarded his judgment in re the bankruptcy of Joseph Barnard, and proof of debt loilged by James Maguire, a case which occupied the attention of His Honor during tbe last sitting of the Court in Mustertou. Tbe text of his is" This iB a motion by James Maguiro to review tbe decision of the Deputy Official Assignee in rejecting his proof of •debt. The facts of the case are fully set forth in the affidavits filed in support of the motion, and they »ro not disputed by the Deputy Oflkiul Assignee. Tbe question to lie determined, is whether Mr ilaguire'i claim for wages due to himself and to the men employed l>y him, ought to lie allowed as a preferential clutu, ft appears that Mr AJaguin: work d for the banhupt as n biicltlayei, and according to tbe custom of the tiado ho employed men under him. 1 These men he |iuid, and hi i.tw cUiuiß foi hia owu wages, and for the w.ige-f paid to these- men. Mr Mu.;'iire w«s not a contractor, but was in th pwitisn of a la'oouror or wurkii.H", and employed men to him, l'be casen teW'tedtodu'ing the urgutn'-.t-t, viz: ex parte Alsnpp v. Dimey, 32, 1. T. K&j. ! N.S., 438, atit! ex park re By rom, 22, L, T., are not in point. The former 110 doubt tome slight bearing on tho point, but does not, I think, dispose of it, I have been unable to find any case bearing directly on tbe action. Looking, howevi r, at tbe tfflis and policy ol the Bankruptcy Act as to wages claims, I am inclined to think—though I confess I have come to the conclusion with some hesitation—that the claim in tbe present case should he allowed, The facts j as eeb forth in the affidavits are, as I lmve already pointed out, uncontradicted and it is upon theso disputed facts that my decision in this case is based. The proof will he admitted and the Deputy Official Assignee's decision reversed." Costs to Mr Muguire £2l2s Cd, court fees 245.
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Wairarapa Daily Times, Volume XV, Issue 472, 25 April 1894, Page 3
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357CONTRACTOR OR WORKMAN ? Wairarapa Daily Times, Volume XV, Issue 472, 25 April 1894, Page 3
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