Bayne v Baillieu [1907] HCA 39

Bayne v Baillieu [1907] HCA 39

Order for sequestration ought not to have been made where no evidence existed that the appellant had an estate to be administered and the proceedings appeared to serve no valid purpose other than impeding the appeal. The motions should have been adjourned or dismissed, and the subsequent order refusing to annul...

Source-derived case information.

Parties
Appellant: Lila Elizabeth Bayne; Respondent: Arthur Sydney Baillieu; Respondent: Blake & Riggall
Jurisdiction
Australia
Judgment Date
09 September 1907
Procedural Posture
Appeal / Appeal From Two Orders of the Supreme Court of Victoria
Outcome
Appeal allowed. Orders appealed from reversed.
Legal Topics
Sequestration, Effect of Appeal on Insolvency Proceedings, Judgment for Costs
Insolvency Sequestration Effect of Appeal on Insolvency Proceedings Judgment for Costs

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Parties

Lila Elizabeth Bayne

Appellant

Arthur Sydney Baillieu

Respondent

Blake & Riggall

Respondent

Procedural Posture

Appeal / Appeal From Two Orders of the Supreme Court of Victoria

Legal Issues

  1. 1 Whether sequestration of estate should be made absolute when an appeal from the judgment is pending
  2. 2 Whether order of sequestration should be annulled after the appealed judgment was discharged

Ratio Decidendi

Order for sequestration ought not to have been made where no evidence existed that the appellant had an estate to be administered and the proceedings appeared to serve no valid purpose other than impeding the appeal. The motions should have been adjourned or dismissed, and the subsequent order refusing to annul sequestration was wrong in light of the discharged underlying judgment.

Court Disposition

Appeal allowed. Orders appealed from reversed.

Orders

  • Order for sequestration reversed
  • Respondents Blake & Riggall to pay costs of appeal