FORBES V. JAQUES

IN THE HIGH COURT OF AUSTRALIA

cnn A QUIIS, te

REASONS FOR JUDGMENT

Judgment delivered at... Sydney ney 10 Geren Ga Binks Me >. on... Thursday, Sth May, 1955...

RE: JOHN WOOLCOTT FORBES

FORBES

JAQUES

ORDER

Appeal dismissed with costs.

JUDGMENT

RE: JOHN WOOICOTT FORBES

ORBES

JAQUES

DIXON C.J.

Re: JOHN WOOLCOTT FORBES

FORBES v. JAQUES DIXON C. IUDGMENT WILLIAMS J.

KITTO J. -

This is an appeal by Eunice Australia Woolcott Forbes the wife of the bankrupt John Woolcott Forbes from an order of the Federal Court of Bankruptcy (Clyne J.) that she pay to Stanley Theodore Jaques, the Official Receiver and ~ trustee of the estate of the bankrupt, the sum of 25,802.19. 2. - His Honour declared (a) that the sum of £2,000 paid into the Bank of New Zealand account in the name of the respondent on or about the third day of February 1949 was the bankrupt's money and not that of the respondent; (b) that the dealing in the shares of R.U.R. (Aust.) Limited and the profit made therefrom was the dealing and profit of the bankrupt and not that of the respondent; and (c) that the transaction in respect of the 30,000 shares in Amalgamated Tin Limited was the transaction of the bankrupt and not that of the respondent. Pursuant to these declarations His Honour ordered that the respondent account to the Official Receiver for the sum of £2,000; for the sum of £625 received by the respondent as a dividend on shares in R.U.R. (Aust.) Limited; for the sum of £673. 3. 2 received by the respondent on the sale of 400 shares

in R.U.R. (Aust.) Iimitedsand for the sum of £2,504.16. 0

being the profit received by the respondent in respect of the

- 2-

transaction in the shares in Amalgamated Tin limited. The above sum of £5,802.19. 2 is the addition of these four sums. The estate of the bankrupt was sequestrated on 16th April 1940. At that time he was abroad, but he was subsequently arrested and brought back to Australia late in 1943, and in March 1944 was convicted of. certain criminal offences and sentenced to five years penal servitude. The appellant with the three children of the marriage had also been abroad but she returned to Australia with the children at the end of 1942. Whilst the bankrupt was serving his sentence she maintained herself and the children from her own resources and from gifts received from relatives and friends of the bankrupte The bankrupt was released from gaol on licence on the 20th July 1947. At that time the appellant was living in a flat at Bellevue Hill and the bankrupt, on his release, resumed cohabitation with her there. Thereafter, they lived first in Sydney, then in Melbourne and later in Sydney again. Until they moved to Melbourne they continued to live in the flat at Bellevue Hill. They moved to Melbourne in February 1949 and returned to Sydney in the middle of 1950. When they returned to Sydney the appellant purchased a house at Wallaroy Road, Woollahra.