Campbell v Campbell [1916] HCA 20

Campbell v Campbell [1916] HCA 20

The suit failed because the official assignee, from whom plaintiff derived his rights, was barred by laches and acquiescence from impeaching the sale; any relief would be futile since the time to claim an account of the partnership assets had passed (statute of limitations), even if the sale were voidable for undervalue.

Parties
Appellant; Plaintiff: Percy Campbell; Respondent; Defendant: James Campbell senior; Respondent; Defendant: George Malcolm Campbell; Respondent; Defendant: Alexander Campbell junior; Respondent; Defendant: James Campbell junior; Respondent; Defendant: George Francis Cobb; Respondent; Defendant: Bank of Australasia Limited
Jurisdiction
Australia
Judgment Date
03 April 1916
Procedural Posture
Appeal / Appeal From the Supreme Court of New South Wales (equity Jurisdiction); Appeal Heard in the High Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Mortgage Sale Under Value, Impeachment of Voidable Transaction, Laches, Acquiescence by Official Assignee, Bankrupt’s Interest in Partnership
Equity Bankruptcy Partnership Law Mortgage Sale Under Value Impeachment of Voidable Transaction Laches Acquiescence by Official Assignee Bankrupt’s Interest in Partnership

Case Brief

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Parties

Percy Campbell

Appellant; Plaintiff

James Campbell senior

Respondent; Defendant

George Malcolm Campbell

Respondent; Defendant

Alexander Campbell junior

Respondent; Defendant

James Campbell junior

Respondent; Defendant

George Francis Cobb

Respondent; Defendant

Bank of Australasia Limited

Respondent; Defendant

Procedural Posture

Appeal / Appeal From the Supreme Court of New South Wales (equity Jurisdiction); Appeal Heard in the High Court of Australia

Legal Issues

  1. 1 Whether a sale under mortgage of a bankrupt’s interest in partnership may be set aside by the plaintiff on grounds of gross undervalue, laches, or acquiescence by official assignee;
  2. 2 Whether the right to impeach the sale remains effective after long lapse of time and inaction by official assignee;
  3. 3 Whether order setting aside the sale would have utility given bar by statute of limitations to partnership account suit.

Ratio Decidendi

The suit failed because the official assignee, from whom plaintiff derived his rights, was barred by laches and acquiescence from impeaching the sale; any relief would be futile since the time to claim an account of the partnership assets had passed (statute of limitations), even if the sale were voidable for undervalue.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.