National Discounts Ltd v Jaques; Re Doyle [1955] HCA 54

High Court of Australia Williams, Fullagar and Taylor JJ. National Discounts Ltd v Jaques; Re Doyle [1955] HCA 54

ORDER Application of the Official Receiver for special leave to appeal from the order of the Federal Court of Bankruptcy dated 29th October 1954 granted, the grounds of appeal to be the same as those stated in the notice of appeal of the appellant company. Both appeals from that order to be heard together and, subject to the following variations of that order, both appeals to be dismissed with costs. The order of 29th October 1954, to be varied by substituting for the order dismissing the motion (1) a declaration that the proceeds of the sale of the 1950 model Buick car, registered number AHB405, do not form part of the property of the bankrupt within the meaning of the Bankruptcy Act 1924-1950 but are the property of the respondents, Roscoe Imrie Conn and Mona Elizabeth Conn; (2) a declaration that the bill of sale dated 26th November 1952, registered number 22083/52, given by the bankrupt to the respondent, National Discounts Ltd., is not enforceable; and (3) an order that the respondents Roscoe Imrie Conn and Mona Elizabeth Conn be at liberty to apply to the Federal Court of Bankruptcy for any directions that may be required so that the sum of £1,800 being the proceeds of the sale of the car may be paid to them.

Cur. adv. vult.

The following written judgments were delivered:—

Oct. 20 Williams and Taylor JJ.

This is an appeal from an order of the Federal Court of Bankruptcy (Clyne J.) made upon a notice of motion brought by the Official Receiver and Trustee of the estate of Reginald Aubrey Doyle under the provisions of the Bankruptcy Act 1924-1950 asking for declarations (1) that the 1950 model Buick car, registered number AHB 405, forms part of the property of the bankrupt within the Bankruptcy Act and (2) that the bill of sale dated 26th November 1952, registered number 22083/52, given by the bankrupt to the respondent, National Discounts Ltd., is not enforceable. One of the items comprised in the bill of sale as having been bargained, sold, assigned and transferred to the company is the car in question. The respondents to the motion were Colin James Delaney, Commissioner of Police for the State of New South Wales, Roscoe Imrie Conn (and later by amendment his wife Mona Elizabeth Conn) and National Discounts Ltd. The only order made by his Honour was to dismiss the motion. He did so because he found that the car was the property of Mr. and Mrs. Conn and, having done so, apparently considered that it was unnecessary to declare whether the bill of sale was or was not enforceable. The respondent company appealed from his Honour's order, making the Official Receiver, Mr. and Mrs. Conn and Mr. Delaney respondents to the appeal. But Mr. Delaney has no interest in the appeal because the car, which was in the possession of the police at the date of the notice of motion, was subsequently sold by arrangement between the parties and the proceeds of sale are at present held in a trust account to abide its outcome.