Cain Bankrupt v Whyte [1933] HCA 6

OF AUSTRALIA.

[HIGH COURT OF AUSTRALIA.]

APPELLANT ;

AND

Peririoner,

ReEsPONDENT.

ON APPEAL FROM THE COURT OF BANKRUPTCY.

—— debtor—Payment of judgment debt deferred under financial emergency legislation— Presentation of bankruptcy petition—Debt payable at " some certain future time" —

of 1932), secs. 55 (1) (b), 56 (2), (3)—Financial Emergency Relief Extension Act 1932 (Q.), sec. 24*,

filed a petition in bankruptcy against the appellant, alleging as the act of bankruptcy the appellant's failure to execute a deed of assignment of her property under Part XI. of the Bankruptcy Act pursuant to a resolution of a 'meeting of the appellant's creditors, On 18th January 1933 the respondent obtained leave from the Supreme Court of Queensland to enter final judgment 'against the appellant for the whole of the respondent's debt. On the same

*The Financial Emergency Relief — to time, if in his discretion he thinks

nsion Act of 1932 (Q.) provided :— (a) Sub-sections two and three of 'one of the Principal Act are

ed, and the following new sub- are inserted in lieu thereof, y:—(2.) This Act shall be to have come into force on the of of August, 'one thousand nine -one, and shall con-

in ae ef the thirty-first day December, one thousand nine hun-

and thirty-three: Provided that the Governor in Council may from time

fit, by Order in Council published in the Gazette extend the provisions of this Act for such time as shall be expressed in any such Order in Council. (3) On the thirty-first day of December, one thousand nine hundred and_ thirty- three, or such date subsequent thereto as may be fixed from time to time by the Governor in Council under the pre- vious sub-section as the date of the

ing of the operation of this Act, this Ast shall 'be Goamed to ave 'bean repealed.' . . . 23. The following

tey—Financial emergency legislation—Petitioner recovering judgment against H. C, o A.