Director of War Service Homes v Law [1955] HCA 22

High Court of Australia Dixon C.J. Williams, Webb, Fullagar and Taylor JJ. Director of War Service Homes v Law [1955] HCA 22

ORDER Appeal allowed with costs. Order of Court of Bankruptcy discharged. In lieu thereof order that the motion of the respondent trustee to that court be dismissed with costs.

Cur. adv. vult.

The Court delivered the following written judgment:—

April 18 Dixon C.J., Williams, Webb, Fullagar and Taylor JJ.

James Bramwell Bird on 25th January 1949 entered into an agreement with the Director of War Service Homes for the purchase of a piece of land and a dwelling-house to be erected thereon. The site was in Kallaroo Road Lane Cove and the house was numbered 54. The capital cost of the land and dwelling was ultimately fixed at £2,295. Bird paid a deposit of £295. The balance of purchase money, together with interest at three and three-quarter per cent per annum, was payable in 540 equal monthly instalments. By 21st October 1952 the amount owing under the agreement had been reduced to £1,948. On that date Bird executed a deed of arrangement which on 30th October 1952 was registered under Pt. XII of the Bankruptcy Act 1924-1950. The operative words of the assignment contained in the deed of arrangement, in which he is called "the Debtor", are as follows:—" the Debtor as beneficial owner hereby conveys grants releases assigns and transfers unto the Trustees their heirs executors administrators and assigns as joint tenants all the property which if a sequestration order were made in respect of his estate on the date of his execution of this Deed would vest in the Official Receiver named in such sequestration order and would be divisible amongst the Creditors of the Debtor in accordance with the provisions of the said Bankruptcy Act of which the Debtor or any person in trust for him is possessed or to which he or any such person is entitled legally or equitably in possession reversion remainder or expectancy (a true and particular account whereof so far as the Debtor can set it forth is contained in the First Schedule hereto)."