Calegeros v Attorney-General (Cth) [1953] HCA 57

Calegeros v Attorney-General (Cth) [1953] HCA 57

Section 210(1)(a) applies to non-disclosure of property disposed of prior to bankruptcy when intent to defraud creditors is present; evidence accepted by the trial judge supports conviction and there is no reason for appellate interference.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
appeal dismissed with costs
Legal Topics
['failure to Discover Property' 'interpretation of Bankruptcy Act S.210(1)(a)']
['criminal Law' 'bankruptcy'] ['failure to Discover Property' 'interpretation of Bankruptcy Act S.210(1)(a)']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 ['Does s.210(1)(a) of the Bankruptcy Act 1924-1950 require disclosure of property alienated before bankruptcy?' 'Does failure to disclose at public examination constitute an offence under s.210(1)(a)?' 'Was the finding of guilt against the evidence and weight of evidence?']

Ratio Decidendi

Section 210(1)(a) applies to non-disclosure of property disposed of prior to bankruptcy when intent to defraud creditors is present; evidence accepted by the trial judge supports conviction and there is no reason for appellate interference.

Court Disposition

appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']