McIntosh v Shashoua Petitioner [1931] HCA 56

Cons Vis Appl rrznland, Wilson (deed) ors GHETS—— He 0 494 HIGH COURT (1931. {HIGH COURT OF AUSTRALIA.] McINTOSH APPELLANT ; ResPoNDENT, AND SHASHOUA ResponvEnt. PrETITIONER,

ON APPEAL FROM THE COURT OF BANKRUPTCY.

H.C. or A, Bankruptcy—Quarantees—Petition by guarantor against co-guarantor—Unpaid claim for contribution—Proof of debt—Debt purchased for purpose of founding petition —Bona fides—* Sufficient cause" for no order—Notice of assignment —Bquitable

1931. ee, Sypyey,

Aug. 7,10, 11.

MELBOURNE, Nov, 2.

Gavan Dutty C.J., Starke, Dixon, Evatt and MeTiernan

debt—Joinder of assignor as co-pe

itioner—Refusal of payment tendered after

petition—Bankruptcy Act 1924-1930 (No. 37 of 1924—No. 17 of 1930), secs. 55, 56*—Conveyancing Act 1919 (N.S.W.) (No. 6 of 1919), secs. 12, 170.*

A bankruptcy petition alleged that the debtor was indebted to the petitioning

creditor in a certain sum, being

the amount of contribution payable by

the debtor to the petitioning creditor in respect of certain guarantees, The petition also alleged that the debtor was indebted to the petitioning creditor in a sum being the amount payable to the petitioning creditor as

* The Bankruptcy Act 1924-1930 pro- vided by sec. 55 (1): "A creditor shall not be entitled to present a petition against a debtor unless—(a) the debt owing by the debtor to him . . amounts to fifty pounds; and (6) is a liquidated sum, payable either immediately or at some certain future time"; and by sec. 56: " (2) At the hearing" of a creditor's peti- tion "the Court—(a) shall require proof of the debt of the petitioning creditor and (b) if satisfied with the proof, may make a sequestra- tion order in pursuance of the petition, (3) If the Court . . . (6) is satis- fied by the debtor that he is able to pay his debts, or that for other sufficient cause no order ought to be made, it may dismiss the petition." The Conveyancing Act 1919 (N.S.W. )