Ferris v Martin [1905] HCA 65

OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.)

APPELLANT ;

DEFENDANT, axp

é ; RESPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Cu. sa.—Jurlgment aginst defendant in action for defamation—Defendant 4 6, op a. tile bankrupt on petition of plaintiff—Blection of remedy against goods of

1905. | Witor—Joinder of other causes of action with one for defamation—Consolidation ef Statutes—Bankruptcy Act (N.S.W.), (No. 25 of 1898), sec. 10(3)*—Defama- sypxev, tion Act (.S.1.), (No. 22 of 1901), sec. 24+. , 23,

Sec, 24, sub-see, (1) of the Defamation Act (N.S.W.) 1901, which provides (iter atin) that 'no law now or hereafter in force for the relief of insolvent debtors... shall be construed to extend to affect or discharge from his liability any defendant indebted " for any damages in an action for publishing 'defamatory words, refers to Statute law only. 'The common law doctrine, that

_ 4 judgment creditor may be concluded by his election as to the method of execution to which he will have recourse for the satisfaction of his judgment,

isnot affected by that section.

O'Connor JJ.

_ Therespondent, who had obtained a verdict against the appellant in an __tetion for defamation and breach of contract and, had signed judgment for the

7 *8ec, 10, sub-see, (3) of the Bank- tupey Act (N.S.W.), No. 25 0f 1898, is ti follows :—

Sec. 24, sub-see. (1) of the Defama- 'Act (N.S.W.), No. 22 of 1901, is as follows :—

() After a sequestration order has tae, except as directed by this

Act, no creditor to whom the debtor is inrespect of any debt provable ankruptey shall have any' remedy uthe property or person of the

in respect of the debt, or shall

ee or take any fresh step in any or other legal proceedings unless

leave of the Court and on such as the Court may impose."

(1) Nolaw now or hereafter in force for the relief of insolvent debtors, or for the abolition of imprisonment for debt, shall be construed to extend to affect warge from his liability any de- it indebted for any penalty, dam- ages, or costs adjudged against him in any proceeding, either civil or criminal, for the printing or publishing of any blasphemous, seditious, or defamatory words or libel."