Moy v Briscoe and Company Limited [1907] HCA 36

56 HIGH COURT (1907.

H.C. or A. Appeal allowed. Order appealed from i. eg 2 discharged. Rule nisi for prohibition Peete discharged with costs. Respondents to ace pay the costs of the appeal. ? TERS AND ; ee Solicitors, for the appellants, Brown & Beeby. PARERFIEL Solicitors, for the respondents, Dawson, Waldron & Glover. Lap. 2 CAW, ' (HIGH COURT OF AUSTRALIA.) MOY 3 - E : é 3 - APPELLANT; AND ; BRISCOE & COMPANY LIMITED b . RESPONDENTS. J

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C, or A, Bankruptey Act 1898 (N.S.W-.), (No. 25 of 1898), secs. 133, 137—Supreme Court

1907. and Circuit Courts Act 1900 (N.S. W.), (No. 35 of 1900), sec. 15 Vacancy in ae office of Judge in Bankruptey—Deleqation of powers of Judge to Registrar in Sypyey, Bankruptcy. Aug-%6, 21. 444 of vankrupley—Notice of intention to euspend payment oF debte=am——n GrimithC.J., Act 1898 (N.S. 1W.), (No. 25 of 1898), sec. 4. Barton, ee The Bankruptcy Act 1898, sec. 133, provides that the bankruptcy jurisdie-

tion of the Supreme Court shall be exercised by the Judge of that Court duly appointed under the title of Judge in Bankruptey. The Supreme Court and Circuit Courts Act 1900, sec. 15, provides that where under any Act any jurisdiction, power or authority of the Supreme Court is to be exercised by any one Judge, any other Judge may for any reasonable cause exercise such jurisdiction, power or authority in all respects as the Judge designated might have exercised it.

During a short interval which elapsed between the resignation of the titular Judge in Bankruptcy and the appointment of his successor, one of the other Judges of the Supreme Court purported to exercise the power of delegation _

5 OLR.) OF AUSTRALIA.

conferred by sec. 137 of the Bankruptcy Act, which provides that the Judge H. ©. or A.

(defined in sec. 1 as the Judge having jurisdiction in Bankruptcy or any Judge acting as such) may delegate to the Registrar such of the powers vested in the Court as may be expedient.