Malick v Lloyd (Official Assignee) [1913] HCA 37

Malick v Lloyd (Official Assignee) [1913] HCA 37

Registration of a bill of sale under the Bills of Sale Act 1898 (N.S.W.) is not required where the property subject to seizure as security is after-acquired property; the definition of 'bill of sale' and the statutory requirement for registration relate only to assignments of personal chattels in existence at the time of execution.

Parties
Appellants: Nicholas Malick and Aziz Malick; Respondent: Charles Fairfax Waterloo Lloyd (Official Assignee)
Jurisdiction
Australia
Judgment Date
13 August 1913
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales
Outcome
appeal allowed
Legal Topics
Bills of Sale, Registration of Bills of Sale, Assignment of After Acquired Property, Validity of Security Interests in Bankruptcy
Bankruptcy Property Law Bills of Sale Registration of Bills of Sale Assignment of After Acquired Property Validity of Security Interests in Bankruptcy

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Parties

Nicholas Malick and Aziz Malick

Appellants

Charles Fairfax Waterloo Lloyd (Official Assignee)

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether an assignment of after-acquired property under a bill of sale requires registration under the Bills of Sale Act 1898 (N.S.W.) to be valid against the official assignee in bankruptcy of the grantor.
  2. 2 Whether the registration of the bill of sale was defective and in consequence void as against the official assignee.

Ratio Decidendi

Registration of a bill of sale under the Bills of Sale Act 1898 (N.S.W.) is not required where the property subject to seizure as security is after-acquired property; the definition of 'bill of sale' and the statutory requirement for registration relate only to assignments of personal chattels in existence at the time of execution.

Court Disposition

appeal allowed

Orders

  • Order of the Supreme Court of New South Wales discharged.
  • Respondent's motion dismissed with costs.