High Court of Australia
REPORTS OF CASE
DETERMINED IN THE
HIGH COURT OF AUSTRALIA
1912-1913.
(HIGH COURT OF AUSTRALIA.]
MORGAN . : 5 x : 7 x . APPELLANT;
AND WHITE s : ' 7 5 : . RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Bankruptcy —Certificate of discharge, objections to—Prior bankruptcy or insolvency H. C. or A. outside New South Wales— Bankruptcy Act 1898 (N.S. 1.) (No. 25 of 1898), 1912.
8ecs, 39, 40 (h), (r). SyDNey,
Sec. 40 of the Bankruptcy Act 1898 sets out a number of facts on proof of sug, y, 9 12 any one of which the Court may, under sec. 39, either refuse, or suspend the
operation of, an order of discharge from bankruptey, amongst them being :— Barton and acs JJ.
««(h) That the bankrupt has on any previous occasion been adjudged bank- rupt or insolvent, . . . . unless his estate then produced ten shillings in the pound, or a majority in number and value of the creditors in that estate certify that in their opinion the bankruptcy or insolvency was the result of
misfortune only."
"«(r) That the bankrupt has while an uncertificated bankrupt or insolvent obtained credit to the amount of £20 or upwards from any person without having first informed such person that he was an uncertificated bankrupt or
insolvent."
H.C. or A.
1912, ey MorcGan v Wuire.
HIGH COURT (1912.
Held, that the prior adjudication of bankruptcy or insolvency referred to is an adjudication in New South Wales, and does not include an adjudication of
bankruptcy in Western Australia.
Decision of the Supreme Court of New South Wales (Simpson C.J. in Kq.): Re H. A. Morgan, 12 8.R. (N.S.W.), 9, reversed.
Appear from the Supreme Court of New South Wales.
An application by Harry Alfred Morgan, who had been adjudged a bankrupt on 18th November 1910, for a certificate of discharge was opposed by Frederick Gilbert White, a creditor, on the grounds :—
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate