Bleeze v Fopp [1911] HCA 53

324 HIGH COURT [l911.

{HIGH COURT OF AUSTRALIA.]

BLEEZE : , i ¥ ; A APPELLANT ; PETITIONER, AND KOERP Bs si A z | 5 x i . RESPONDENT. RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

H.C. of A, Insolvency—Judgment debt—Notice to pay—Tender of payment' of debt—Refusal to

1911. accept payment—Annulment of adjudication of insolvency. mene! A notice under see. 61 of the Insolvency Act 1861 (S.A.), requiring payment ae of a judgment debt within 14 days and stating that in default of payment insolvency proceedings would be taken, was served on the debtor. Negotia~

Griffith C.J., tions were going on between the solicitors of the parties for a settlement. A Cyan e tender of the amount of the debt was 1nade to the creditor personally but he

refused to accept the money. 'The creditor having obtained an adjudica- tion of insolvency against the debtor, it was subsequently annulled by the Supreme Court of South Australia,

Special leave to appeal to the High Court from the decision of the Supreme Court was refused,

APPLICATION for special leave to appeal.

On 13th January 1911 James Edward Bleeze, of Blumberg, South Australia, recovered judgment in the Local Court of Gumeracha, South Australia, for £50 and costs against Anton Fopp, also of Blumberg. The costs were subsequently taxed at £25 2s. 6d. On 11th April a notice under sec. 61 of the Insol- vency Act 1886 was served on the defendant requiring immediate payment of £75 2s. 6d., and stating that unless payment was made within fourteen days insolvency proceedings would be taken by the plaintiff against the defendant. Certain negotia- F tions for a settlement were going on up to 21st April between the ©

13 CLR) OF AUSTRALIA.

solicitors for the parties, but without result. On 24th April, the last day for payment under the notice of 11th April, a tender was made on behalf of the defendant of £75 2s. 6d. to the plain- tiff at his shop in Blumberg, but the plaintiff refused to accept it, stating that his solicitor had told him to leave the matter in his (the solicitor's) hands.