Opie v Opie [1951] HCA 47

Dist Chynev

Bes

Commissioner

ob legion ALIR 673

Appl Cons/Appl Athans, Re: oan Ne Ex GEN Re; Bx

Expane ane uv ine Ryan v lustralian EOD Tree ney earn Hs RATE os FCR 127 RRS HIGH COURT (1951. [HIGH COURT OF AUSTRALIA.) Oia ; i 5 : fi : af ' APPELLANT ; AND OPIN. 5 : s . é i : . ResponpEeNT.

ON APPEAL FROM THE FEDERAL COURT OF BANKRUPTCY.

H.C. or A. Bankruptey—Bankruptey notice—* Final judgment °—" Action in which judgment

obtained *—Judgment entered in Supreme Court pursuant to magistrate's certificate Bankruptcy Act 1924-1950 (No. 37 of 1924—No. 80 of 1950), s. 52 (j)*—Deserted Wives and Children Act 1901-1939 (N.S.W.) (No. 17 of 1901—No. 17 of 1939), s. 13a.

Section 134 of the Deserted Wives and Children Act provides " (1) Where an order has been made under s. 7 for the support of a wife or child

McTiernan

ames ai, the magistrate may grant a certificate . . . stating the amount due under the order at the date thereof; (2) The person entitled to receive the money ordered to be paid may file . . . such certificate in the Supreme Court . . . and the Prothonotary . . . shall enter judgment for such person for the amount stated to be due on the certificate. . . . Such

judgment may be énforced in any manner in which a final judgment in an action may be enforced."

Held that the judgment so obtained, not being a final judgment recovered in an action, was not a final judgment within the meaning of s. 52 (j) of the Bankruptcy Act 1924-1950 (Cth.), and a bankruptcy notice could not be issued in respect of it.

Bx parte Chinery ; In re Chinery, (1884) 12 Q.B.D. 342; Onslow v. Inland Revenue Commissioners, (1890) 25 Q.B.D. 465; In re Binstead; Mx parte Dale, (1893) 1 Q.B. 199; In rea Bankruptcy Notice ; Hx parte Official Receiver, (1895) 1 Q.B. 609, applied.

Decision of the Federal Court of Bankruptey (Clyne J.) reversed.