Davis v Mackerras [1930] HCA 15

Davis v Mackerras [1930] HCA 15

The wife's handing of money to her husband for safe-keeping and not for his use or disposal does not amount to 'intrusting' under Bankruptcy Act sec. 85(1); mere physical custody or service does not fall within the section.

Parties
Appellant: John G. Davis; Respondent: Ermonce Mackerras; Bankrupt: John William Mackerras
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Court of Bankruptcy, District of Victoria
Outcome
appeal dismissed with costs
Legal Topics
Wife's Claim in Bankruptcy, Possession and Intrusting Under Bankruptcy Act Sec. 85
Bankruptcy Law Family Law Wife's Claim in Bankruptcy Possession and Intrusting Under Bankruptcy Act Sec. 85

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Parties

John G. Davis

Appellant

Ermonce Mackerras

Respondent

John William Mackerras

Bankrupt

Procedural Posture

Appeal / On Appeal From the Court of Bankruptcy, District of Victoria

Legal Issues

  1. 1 Whether the wife's money in the physical possession of her husband constituted money 'lent or intrusted' to him within the meaning of sec. 85(1) of the Bankruptcy Act 1924-1929

Ratio Decidendi

The wife's handing of money to her husband for safe-keeping and not for his use or disposal does not amount to 'intrusting' under Bankruptcy Act sec. 85(1); mere physical custody or service does not fall within the section.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.