PERRY V. MAYNE

ORIGINAL- )

IN THE HIGH COURT OF AUSTRALIA. \

of

ee! FERRY | 4 { | | | REASONS FOR JUDGMENT.

on THURSDAY, 13th _D.

40358 A. HL. Perriren, Aorixe Gove. Priv.

a

PERRY AND ANOTHER V. MAYNE AND ANOTHER. QO R D E R.

Appeal allowed, Order appealed from varied by substituting the stm of £106; 18: 1 for the sum of £220 wherever appearing in the said order and also substituting for the order as to costs an order that the parties bear their ow costs except that the costs of the Common- wealth Bank of Australia as a submitting respondent be paid out of the estate of the bankrupt.

No order as to the costs of this appeal except an order that the costs of the Bank as a submitting respondent be paid out of the estate of the bankrupt.

\

JUDGMENT.

Ve MAYNE & ANOR. JUDGMENT RICH J. DIXON J.

This is an appeal by R.G. Perry and his wife against an order made by the Federal Court of Bankruptcy on 25th June 1945 by which it was declared that, of the sum of £260:7:4,being portion of the sum of £339:9:5 standing to the credit of the appellants in a joint account at the Commonwealth Savings Bank of Australia, Haberfield Branch, the sum of £220 is the property of the bankrupt, divisible among his 'creditors within the meaning of sec. 52(c) of the Bankruptcy Act (N.S.W.) 1898. On ist February 1926 the estate of the appellant R.G. Perry was sequestrated under the provisions of this Act. On 13th May 1929 he was refused his certificate of discharge, so that he is still an undischarged bankrupt, the respondent R.D. liayne being the official assignee of his estate. :

The appellants opened the joint account on 2nd September 1937. Between that date and 15th November 1941 the deposits into and withdrawals from the account were small. The principal deposit was the sum of £59:2:1 on 30th October 1940. On 14th May 1941 the account was in credit £25:0:6. On 15th November 1941 the credit balance had increased to £48:5:11. The next deposit was the sum of £20 on March 2nd 1942, and from that date until 22nd June 1943 the credit grew by a surplus of deposits over withdrawals to £339:9:5.