Maslen v Official Receiver [1947] HCA 30

602 HIGH COURT (1947.

(HIGH COURT OF AUSTRALIA.]

MASLEN. 2 2 E ' 8 5 APPELLANT ; ResPoNnDENT, AND THE OFFICIAL RECEIVER . : 5 . ReEsponpent. APPLICANT,

ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.

H.C. or A, Bankruptey—Contempt—Application for discharge—Stranger to proceedings—Pro-

1947. curing false receipts from creditors—Attempt to deceive the Courl—State Supreme we Court exercising Federal jurisdiction in bankruptcy—Summary proceedings— Pertn, " Bankruptcy matter" —Jurisdiction—Right of appeal—Evidence—Transcript

Sept.3,4,5, of proceedings on application for discharge—Bankruptey Act 1924-1946, ss. 4, Me 18 (1) (6), 20 (1), 26 (2), 76 (2).

Latham 0.J.,

ich, Dixon An appeal lies as of right under s. 26 (2) of the Bankrupley Act 1924-1946 Motion 33. from an order of a Court of Bankruptcy committing for contempt a person

not a party to the proceedings.

At the hearing of an application for a certificate of discharge it was stated by the legal representative of the bankrupt that creditors had been paid 5s. in the pound, but on an intimation by the judge that 20s. in the pound should be paid in the estate, the application was adjourned. On the hearing of the adjourned application receipts were produced purporting to show that creditors had been paid 5s. in the pound prior to the original hearing of the application and that a further 15s. in the pound had been paid to creditors following on the judge's intimation. It was shown that these receipts were false in certain particulars and had been procured by an accountant acting in the interests of the bankrupt.

On motion by the Official Receiver the Supreme Court of Western Australia sitting in bankruptcy committed the accountant for contempt of court on the ground that he had interfered with the course of justice by attempting to deceive the Court by means of the false receipts.