High Court of Australia
"Pitman v. Patzer (2001) TigRCR Sor
20 C.L.R.) OF AUSTRALIA, 201
(HIGH COURT OF AUSTRALIA.)
HOWDEN . é ? ? - : : . APPELLANT; AND COCK AND OTHERS s $ d . . RESPONDENTS.
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Insolvency—Deed of assignment for benefit of creditors—Rfect—Jurisdiction of H.C. oF A. Court of Insolvency—Assignment by creditor of debt—Hrercise of rights under 1915, deed—Voting—Purchase of debt by debtor—Validity—Insolvency Act 1890 —~ (Viet.) (No. 1102), sec. 5—Insolvency Act 1897 ( Vict.) (No. 1513), secs. 5, 74, 83. MELBOURNE,
May 18, 19, See. 5 of the Insolvency Act 1897 (Vict.) provides that "(1) Subject to the @, Jon x
provisions of this Act the Court " (of Insolvency) 'shall have full power to 18. decide all questions of priorities and all other questions whatsoever whether 4 => of law or fact which may arise in any case of insolvency coming within the Isaacs, cognizance of the Court or which the Court deems it expedient or necessary qdiSti,
to decide for the purpose of doing complete justice or making a complete 4 Rich JJ.
distribution of property in any such case." Sec. 83, so far as material, provides with regard to deeds of arrangement, which under sec. 74 include assignments for the benefit of creditors, that 'so far as the nature of the case will admit the trustee creditors and debtor respectively shall have the same functions powers rights duties obligations and liabilities and the Court" (of Insolvency) "shall have the same powers authority and jurisdiction as in the case of insolvency."
Held, by Griffith C.J., and Isaacs, Gavan Duffy and Rich JJ., that under sec, 83 and sec. 5 of the Insolvency Act 1897 the Court of Tnsolvency has in relation to deeds of assignment for the benefit of creditors power to decide all such questions of law or fact as a Court of equity charged with the administration of an estate could decide, including questions as to the validity of assignments by creditors of their debts and as to the effect of those assignments, if valid, upon the voting power to be exercised by creditors in pursuance of such deeds,
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