Cain Bankrupt v Whyte [1933] HCA 6
The presence of an order deferring payment of a judgment debt under financial emergency legislation does not itself constitute 'other sufficient cause' to refuse the making of a sequestration order under the Bankruptcy Act. The debt remains provable as a liquidated sum payable at a certain future time.
- Parties
- Appellant / Debtor: Mrs. Cain; Respondent / Petitioner / Creditor: Mrs. Whyte
- Jurisdiction
- Australia
- Procedural Posture
- Appeal From Bankruptcy Proceedings / Final Appellate Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Sequestration Order, Financial Emergency Legislation, Deferral of Judgment Debt Payment, Proof of Petitioning Creditor's Debt
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mrs. Cain
Appellant / Debtor
Mrs. Whyte
Respondent / Petitioner / Creditor
Procedural Posture
Appeal From Bankruptcy Proceedings / Final Appellate Judgment
Legal Issues
- 1 Whether the deferral of payment of a judgment debt under financial emergency legislation constitutes 'other sufficient cause' for refusing a sequestration order under the Bankruptcy Act
- 2 Whether a stayed debt remains a provable debt at a certain future time under sec. 55 (1) (b) of the Bankruptcy Act
Ratio Decidendi
The presence of an order deferring payment of a judgment debt under financial emergency legislation does not itself constitute 'other sufficient cause' to refuse the making of a sequestration order under the Bankruptcy Act. The debt remains provable as a liquidated sum payable at a certain future time.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
- Sequestration order affirmed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment