MILLAR AND OTHERS V. LEBER 21/1944

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IN THE HIGH COURT OF AUSTRALIA.

REASONS FOR JUDGMENT.

Delivered at... Monday

on...

40958 A. HL. Prerirsn, Aorise Govt. Purwt.

IN THE HIGH COURT OF a

NEW SOUTH WALES REGISTRY No. 21 of 1944

MILLAR & ORS. ve. LEVEK . Rist August 1944. JUDGHENT.

LATHAM C.J.: This is an appeal from an order of sequestration made against the appellants. The ground of the order was failure to comply with a bankruptcy notice issued in respect of a judgment. to the amount of £65; altogether the amount owing to the petitioning creditor was £264.

The failure to comply with the bankruptcy notice was established and, therefore, there was ground for making the order of sequestration.

The learned Judge, Judge Lukin, on the 30th April 1942 granted a stay of proceedings under Regulation 9 of the Debtor's Relief Regulations made under the National Security Act. This regulation provides: "Where....it is proved to the satisfaction of the Court that the inability of the deptor to pay his debts is due to circumstances attributable to the war, the Court (including the Court of Bankruptcy) may in its absolute discretion, after considering all the circumstances of the case and the position of all the parties, at any time stay the proceedings under the petition for such time and subject to such conditions as the Court thinks fit."

His Honour Judge Lukin applied that provision and granted a stay for twelve months.

At the end of the twelve months the proceedings were adjourned and one of the adjournments was upon the defendants! undertaking to endeavour to sell their properties prior to the 15th June 1943. Nothing has happened and it 1s now contended that the order of sequestration s hould be set. aside, or, alternatively, at least that a stay should be granted by this Court under the Regulation.

The grounds of appeal are that the defendants are really solvent, that war conditions still operate and that war conditions are responsible for the condition of the defendants.