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.12280/45
HB, Daw, Gor. Print, Melb.
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A
IN THE HIGH COURT OF AUSTRALIA
COMMONWEALTH
THE DEPUTY/CROWN SOLICITOR FOR THE
STATE OF NEW SOUTH WALES & ANOR.
REASONS FOR JUDGMENT
Judgment delivered at S¥ANEY.
on__12th December, 19447
—
'HE KIN ¥. Ti i)
(Bankruptcy - Venue)
Judgment of Court delivered by LATHAM, C.J.
In this case His Honour Judge Clyne ordered the
prosecution of a bankrupt in pursuance of section 217 of the
Bankruptcy Act, for offences against 209(g) of that Act.
His: Honour directed that the trial should take place
before the Court of Bankruptcy in Sydney. An application was made
for a transfer of the trial to Goondiwindi. All the witnesses
except an accountant were in Queensland, that is the witnesses
both for the Prosecution and for the Defence, within one hundred
miles or thereabouts of Goondiwindi and eight hundred miles or
thereabouts away from Sydney. The Crown however had offered,
and the offer still stands, to pay reasonable expenses of.all the
witnesses, and of the Bankrupt himself, incidental to their
coming to Sydney.
The Learned Judge considered all those matters and made
an Order for Brial before the Bankruptcy Court in Sydney rather
than for a trial before the Supreme Court in Goondiwindi. No
matter of law is involved, His Honour considered all the
circumstances. There are considerations to support each
contention, but there is no reason for interfering with His
Honour's exercise of his discretion.
The appeal should therefore be dismissed, There will
be no Order as to costs.