Bleeze v Fopp [1911] HCA 53

Bleeze v Fopp [1911] HCA 53

This is not a case for granting special leave to appeal. Whether or not an appeal lies as of right, special leave should be refused since there are insufficient grounds to disturb the decision annulling the insolvency adjudication after the tender of payment was refused.

Parties
Appellant: James Edward Bleeze; Respondent: Anton Fopp
Jurisdiction
Australia
Judgment Date
10 October 1911
Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave to Appeal to High Court
Outcome
Special leave to appeal refused.
Legal Topics
Judgment Debt, Notice to Pay, Tender of Payment, Annulment of Adjudication
Insolvency Judgment Debt Notice to Pay Tender of Payment Annulment of Adjudication

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Parties

James Edward Bleeze

Appellant

Anton Fopp

Respondent

Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal to High Court

Legal Issues

  1. 1 Whether special leave to appeal to the High Court should be granted from an order annulling an adjudication of insolvency where payment was tendered but refused.

Ratio Decidendi

This is not a case for granting special leave to appeal. Whether or not an appeal lies as of right, special leave should be refused since there are insufficient grounds to disturb the decision annulling the insolvency adjudication after the tender of payment was refused.

Court Disposition

Special leave to appeal refused.

Orders

  • Special leave to appeal refused.