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18 C.L.R.] OF AUSTRALIA. 339

(HIGH COURT OF AUSTRALIA.)

PLOWMAN : ; 5 : E y ' APPELLANT ; PLAINTIFF, AND PALMER AND OTHERS. 5 ' . RESPONDENTS. DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Assault—Justification— Writ of habere facias—Iesue without special order—Nullity H.C. oF A. or irregularity of writ—Bankruptey Act 1898 (N.S.W.) (No. 25 of 1898), sec. 1914. 134—Bankruptey Rules 1896 (N.S.W.), rr. 200, 201—Consolidated Equity = ——

Rules of 1902 (N.S.W.), rr. 210, 214, SypNey, ig : Aug. 6,7, 10, Sec. 134 of the Bankruptcy Act 1898 (N.S.W.) provides that ' (4) Whenever 11. the official assignee or trustee claims any property as part of the bankrupt's — estate, or claims any right against any person, whether such person is or is O"iyht On * not a party to the bankruptcy, the Court may upon motion by the assignee or - cee trustee . . . hearand determine . . . the question raised by such

claim, and make such order thereupon as he may deem expedient or necessary, for the purpose of doing complete justice between all the parties interested." ««(6) Every order of the Court made under this Act in any cause or matter may be enforced against all persons bound thereby in the same manner as a judgment of the Supreme Court to the same effect."

Rule 200 of the Bankruptcy Rules 1896 provides that " Non-compliance with any of these Rules . . . or with any rule of practice for the time being in force, shall not render any proceeding void unless the Judge shall so direct ; but such proceeding may be set aside, either wholly or in part, as irregular, or amended or otherwise dealt with, in such manner and upon such terms, as the Judge may think fit." Rule 201 of those Rules provides that save as provided by those Rules '' the Rules of the Supreme Court in Equity shall apply to any proceeding in bankruptcy."