PEDLER V. THE HUNTERS HILL MUNICIPAL COUNCIL

on... MONDAY. s....1.. NON

IN THE HIGH COURT OF AUSTRALIA

CHE, HUNTER

S HILL MUNICIPAL

COUNC.

REASGOHS FOR JURGRENT

Judgment delivered at

RM24/30574

S14

THE COUNCIL OF '

| MUNICIPALITY OF HUNTER'S HILL

ORDER

Appeal dismissed with costs.

iy

PEDLER

v.

:

THE COUNCIL OF THE MUNICIPALITY OF HUNTER'S HILL

| JUDGMENT STEPHEN J. | JACOBS J. i MURPHY J. 1 MURPHY S

PEDLER

Vv.

THE COUNCLL OF THE MUNICIPALITY OF HUNTER'S HILL

The arguments for the appellant and the respondent

have been presented in the form of written cases. The appeal is

brought against the making of a Sequestration Order against the

estate of the

appellant on 2nd December 1975. The act of bank-

ruptecy was that the appellant failed to comply on or before 8th

September 1975 with the requirements of a Bankruptcy Notice duly

served on him he had failed counterclaim,

sum specified

on Saturday, 23rd August 1975. It was found that to satisfy the Bankruptcy Court that he had a set-off or cross demand equal to or exceeding the

in the Bankruptcy Notice, namely, $722.12. The

grounds stated by the appellant in his notice of appeal are as

follows:

ns,

52(2)(a) of the Bankruptcy Act, and

(1) 'That by New South Wales State Statute in all actions taken by the respondent as a statutory corporation against this appellant, the actions were Void 'ab initio' on the grounds that the respondent never had the statutory power or capacity to proceed against this appellant and his mother, and all litigation by the respondent is "ultra vires'.

(2) By the Supreme Court Act, 1970 and its rules the respondent had no capacity to obtain a sequestration order without that Court's permission.

(3) The appellant had shown sufficient set-off and counter claim to frustrate the action. (If the respondent had the legal capacity.)

(4) The Judge misdirected himself in refraining from a 'Stated Case'."