High Court of Australia
fh, Gee" Ty Fw fey Bie Tae fees
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47 CLR.) OF AUSTRALIA. Pops Flere ogy 257 ne a i eid bo qa weal Bank Goria fe goaret iSimors Pry fibres ce SRT Sah ta freh fags Bein oa Hae gins Fall oft! tea A OC Heaton Hetty
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a ee en Been Sil rec Barmerinp poate Lid Hee [i599)
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(HIGH COURT OF AUSTRALIA.]
ROBERTSON ' : : ' i ' . APPELLANT ; APPLICANT, AND GRIGG . ' é x 8 oe ear . RESPONDENT. ResponpDEnt.
ON APPEAL FROM THE COURT OF BANKRUPTCY.
Bankruptcy—Deed of assignment—Advances by one person to another—Advances H.C, or A. made within six months of deed of assignment—Advances secured by charge on 1939. specific fund— Ordinary course of business" — Preference" —Person preferred = ~~ not a creditor—' Book debts ""—Bankruptey Act 1924-1930 (No. 37 of 1924—No. Metzow 17 of 1930), sec. 95, Part XI.—Bills of Sale Act 1899-1925 (W.A.) (No. 45 of March 6,7. 1899—No. 41 of 1925), secs. 5, 25, 31. an
E,
Sypyey,
A debtor who had made three contracts for road construction assigned his Aug. 4. estate to a trustee for the benefit of creditors pursuant to Part XI. of the Gavan Dutty Bankruptey Act 1924-1930 on 9th August 1930. More than six months before, ,C-f» Richy namely, prior to 9th February 1930, he had obtained advances under agree- _ Evatt and
ments to repay the money Jent and any further advances, with interest, ont M7™!@™# 29- of progress payments becoming due to him under the road construction con- tracts. Within six months, further advances were made to him pursuant to these agreements. Also within six months, he gave in favour of the lender orders in writing upon the road authority for payment of the money due under the contracts and these orders were honoured. The trustee applied to set the orders aside and recover the money received thereunder on the grounds (a) that the orders dealt with "book debts " and were void under the Bills of Sale Act 1899-1925 (W.A.), and (b) that they constituted transaction which was a preference and, therefore, upon the assumption that sec. 95 of the Bank- ruptey Act 1924-1930 applied to assignments under Part XI., were void against
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