Robert H Barber and Co Limited v Simon [1914] HCA 69

Dist Not FollRock —fiagkBottom

Dist Eben v Union Bottom Fash psiton Trustee Co fon Market MOCELN HE, pera tid Pitts, Foe OT de joo} He 24 HIGH COURT [ig9l4.

(HIGH COURT OF AUSTRALIA.}

ROBERT H. BARBER & CO. LIMITED

} APPELLANTS ; AND ANOTHER

AND

SIMON 3 ; f zi 6 i t . RESPONDENT.

ON APPEAL FROM HE SUPREME COURT OF NEW SOUTH WALES.

H. ©. or A. Practice—High Court—Appeal from Supreme Court of a State—Appeal as of right

1914, —Appealable amount—Company—Order for compulsory liquidation—Special eS leave to appeal—Rescission—Juiiciary Act 1903-1912 (No. 6 of 1903—No. 31

SYDNEY, of 1912), secs. 35 (1) (a) (2).

kp 'An appeal lies to the High Court as of right from an order of the Supreme

Griffith 0.J., Court of a State for the winding up by the Court of a company then in the

fa course of voluntary liquidation, where the assets of the company at the time

of the order exceed the sum of £300 and where the petitioning creditor alleges that the company's debt to him exceeds £300.

Decision of the Supreme Court of New South Wales (Harvey J.) reversed.

A company had obtained special leave to appeal to the High Court against an order of a Judge of the Supreme Court setting aside a notice of appeal to the High Court from an order for the winding up of the company by the Court, the company being then in course of voluntary liquidation. The voluntary liquidator died before the appeal to the High Court was heard, and no one had been appointed in his place. Notwithstanding the granting of special leave to appeal the official liquidator had, with the knowledge and assent of the only shareholder who was substantially interested in the company, pro- ceeded with the compulsory liquidation, and had realized nearly all the assets.

Held, that no reason had been shown for rescinding the special leave to appeal.

AppEAL from the Supreme Court of New South Wales.