Re Brasier [1950] HCA 39

The word "they" in the final words of s. 219 (2) refers only to the summary proceedings mentioned at the beginning of the subsection, because summary proceedings are the subject matter of the whole subsection and are the only kind of proceedings mentioned. The three-year limitation therefore does not apply to proceedings by way of indictment.

Jurisdiction: Australia
Procedural Posture: Case Stated Under S. 20 (3) of the Bankruptcy Act 1924 1948 / Question Submitted to the High Court Upon an Application for an Order of Discharge by a Bankrupt
Outcome: Question answered: No.
Legal Topics: ['bankruptcy Offences' 'failure to Keep Books of Account' 'limitation Periods' 'summary Proceedings' 'indictments']

['bankruptcy Law' 'criminal Procedure' 'statutory Interpretation'] ['bankruptcy Offences' 'failure to Keep Books of Account' 'limitation Periods' 'summary Proceedings' 'indictments']

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Procedural Posture

Case Stated Under S. 20 (3) of the Bankruptcy Act 1924 1948 / Question Submitted to the High Court Upon an Application for an Order of Discharge by a Bankrupt

Legal Issues

1 ['Whether the words "nor in any case shall they be instituted after three years from the commission of the offence" in s. 219 (2) of the Bankruptcy Act apply to proceedings by way of indictment against the bankrupt for an alleged offence under s. 209 (g) of the Bankruptcy Act.']

Ratio Decidendi

Court Disposition

Question answered: No.

Orders

['Question answered: No.' "Costs of both the Official Receiver and the bankrupt to be paid out of the bankrupt's estate."]