Opie v Opie [1951] HCA 47

Opie v Opie [1951] HCA 47

A judgment entered in the Supreme Court of New South Wales pursuant to a certificate of a magistrate under s. 134 of the Deserted Wives and Children Act is not a final judgment within the meaning of s. 52(j) of the Bankruptcy Act 1924-1950, and consequently cannot found the issue of a bankruptcy notice.

Parties
Appellant: James McDougall Opie; Respondent: Ida Opie
Jurisdiction
Australia
Judgment Date
13 September 1951
Procedural Posture
Bankruptcy Appeal / Appeal From the Federal Court of Bankruptcy
Outcome
appeals allowed
Legal Topics
Final Judgment, Bankruptcy Notice, Maintenance Orders, Enforcement of Maintenance Judgments
Bankruptcy Law Family Law Final Judgment Bankruptcy Notice Maintenance Orders Enforcement of Maintenance Judgments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

James McDougall Opie

Appellant

Ida Opie

Respondent

Procedural Posture

Bankruptcy Appeal / Appeal From the Federal Court of Bankruptcy

Legal Issues

  1. 1 Whether a judgment entered in the Supreme Court of New South Wales pursuant to a magistrate’s certificate under s. 134 of the Deserted Wives and Children Act 1901-1939 is a 'final judgment' within the meaning of s. 52(j) of the Bankruptcy Act 1924-1950.
  2. 2 Whether a bankruptcy notice may lawfully issue in reliance on such a judgment.

Ratio Decidendi

A judgment entered in the Supreme Court of New South Wales pursuant to a certificate of a magistrate under s. 134 of the Deserted Wives and Children Act is not a final judgment within the meaning of s. 52(j) of the Bankruptcy Act 1924-1950, and consequently cannot found the issue of a bankruptcy notice.

Court Disposition

appeals allowed

Orders

  • Motion to set aside bankruptcy notice allowed; bankruptcy notice and sequestration order set aside; petition dismissed; no order as to costs of either appeal