Stuart-Robertson v Lloyd [1932] HCA 33

'H.C. or Ay 1932,

eS Sypyezy,

May 12; Aug. 8.

Gavan Dufly C.J., Rich, Starke, Dixon, Evatt and MeTiernan JJ.

HIGH COURT

{HIGH COURT OF AUSTRALIA.]

STUART-ROBERTSON a isnketgeke ides RESPONDENT, AND LLOYD. ping 3 jreuee ee cine tpaiee al APPLICANT,

ON APPEAL FROM THE COURT OF BANKRUPTCY.

Bankruptey—Constitutional Law—Member of State Parliament—Allowance granl State Act—Appropriation under Federal Act for benefit of creditors—| —* Pay, pension, salary, emoluments, profits, wages, earnings, or ine Discretion of Court—Constitution Act 1902 (N.S.W.) (No. 32 of 1902), sec. Bankruptcy Act 1924-1930 (No. 37 of 1924—No. 17 of 1930), secs 5, The Constitution (63 & 64 Vict. c 12), secs. 51 (xvit.), 106.

Sec. 101 of the Bankruptcy Act 1924-1930 applies to the allowance to 1 members of the Legislative Assembly of New South Wales are entitled sec. 28 of the Constitution Act 1902 (N.S.W.): 'The proviso to sec. 10 Bankruptcy Act does not exclude such an allowance from the ope the section.

* The Constitution Act 1902 (N.S.W.) The Bankruptcy Act 1924 provides, by sec. 28:—"Every mem- provides, by sec. 101:—" Sub ber of the Legislative Assembly now this Act, where a bankrupt serving or hereafter to serve therein receipt of pay, pension, salary, shall . . . be entitled to receive, ments, profits, wages, ¢ by way of re-imbursement for expenses income, the trustee shall incurred by him in the discharge of his distribution amongst. the parliamentary duties, an allowance at much thereof as the Court, of a specified rate "per annum. . application of the trustee, Such allowance shall be charged on 'the Provided that this section Consolidated Revenue Fund, and shall apply to any pay, pension, | be payable monthly at the rate afore- or wages which by any Act said to every such member from the Act is made exempt from time of his taking his seat, and, inevery or incapable of being case, until he resigns or his seat is charged." vacated," &e.