Automobile Finance Company of Australia Limited v Law [1933] HCA 52

REPORTS OF CASES

DETERMINED IN THE

HIGH COURT OF AUSTRALIA

1933.

[HIGH COURT OF AUSTRALIA.)

THE AUTOMOBILE FINANCE COMPANY rat , OF AUSTRALIA LIMITED... suo PLAINTIFF,

AND

LAW Be oS ak : . RESPONDENT. DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Bills of xchange — Promissory note— Alteration— Place of payment added— " Apparent" alteration—Bills of Exchange Act 1909-1932 (No. 27 of 1909— No. 61 of 1932), secs. 69, 93.

'A printed form of promissory note made payable to a specified payee or his order was filled up, in handwriting which was not that of the maker, except that nothing was written after the words "Payable at" printed at the side of the place of signature. The payee, after the note had been delivered to

+ him, and without the authority or assent of the maker, filled in the place of payment in handwriting which was clearly distinguishable from that in the body of the note, and in a darker ink, and then negotiated it to the appellant, who took it in good faith and for value. The appellant sued the maker on the note.

Held, by Gavan Duffy C.J., Rich, Starke, Dixon and McTiernan JJ. (Evatt J. dissenting), that there was no "apparent " alteration in the note, within the meaning of the proviso to sec. 69 (1) of the Bills of Exchange Act 1909-1932.

H.C. or A. 1933, Ww

Mrpourse,

Oct. 6, 95 Nov. 8.

Gavan Duffy J., Rich, Starke, Dixon, Evatt and 'McTiernan JJ.

'H.C. or A.

1933. Ww AUTOMOBILE Finance Co, 'or AUSTRALIA Lr.

.

Law.

HIGH COURT (1933.

Per Gavan Duffy C.J., Rich, Dizon and McTiernan JJ.:—To constitute an apparent alteration, within the meaning of sec. 69 of the Bills of Exchange Act, it should be apparent upon inspection of the bill that its text has undergone achange. The document itself must show that some revision of the text has taken place, and its appearance must be consistent with the revision having occurred after completion or issue, though it may also be consistent with its having occurred before completion. Inspection of the document must show that something has been done to it as and for an alteration of that which otherwise was, or was to become, the instrument.