Morgan v White [1912] HCA 50

Morgan v White [1912] HCA 50

The words in sec. 40 (h) and (r) of the Bankruptcy Act 1898 (N.S.W.) refer only to prior adjudications of bankruptcy or insolvency within New South Wales. The statute does not extend to adjudications outside New South Wales, such as in Western Australia. The High Court allows the appeal, discharges the Supreme Court's order, and restores the Registrar's decision.

Parties
Appellant: Harry Alfred Morgan; Respondent: Frederick Gilbert White
Jurisdiction
Australia
Judgment Date
12 August 1912
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales to the High Court of Australia
Outcome
appeal allowed
Legal Topics
Certificate of Discharge, Prior Bankruptcy, Territorial Application of Statutes, Bankruptcy Act 1898 (n.s.w.)
Bankruptcy Certificate of Discharge Prior Bankruptcy Territorial Application of Statutes Bankruptcy Act 1898 (n.s.w.)

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Parties

Harry Alfred Morgan

Appellant

Frederick Gilbert White

Respondent

Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales to the High Court of Australia

Legal Issues

  1. 1 Does a prior bankruptcy adjudication in Western Australia count as a 'previous occasion' for the purposes of sec. 40 (h) and (r) of the Bankruptcy Act 1898 (N.S.W.) when considering objections to discharge in New South Wales?
  2. 2 Is the scope of sec. 40 (h) and (r) limited to adjudications within New South Wales or does it include those from other jurisdictions?

Ratio Decidendi

The words in sec. 40 (h) and (r) of the Bankruptcy Act 1898 (N.S.W.) refer only to prior adjudications of bankruptcy or insolvency within New South Wales. The statute does not extend to adjudications outside New South Wales, such as in Western Australia. The High Court allows the appeal, discharges the Supreme Court's order, and restores the Registrar's decision.

Court Disposition

appeal allowed

Orders

  • Order appealed from discharged with costs
  • Order of Registrar restored