MILLAR AND OTHERS V. LEBER 21/1944

MILLAR AND OTHERS V. LEBER 21/1944

It was not shown that the trial judge acted on a wrong principle, considered irrelevant matters, or excluded relevant matters in exercising discretion under Regulation 9; therefore, the appeal should be dismissed.

Parties
Appellant: Millar & Ors.; Respondent: Leber
Jurisdiction
Australia
Judgment Date
21 August 1944
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Bankruptcy Notice, Order of Sequestration, Stay of Proceedings, Debtor's Relief, War Conditions, Discretion Under Regulation
Bankruptcy Bankruptcy Notice Order of Sequestration Stay of Proceedings Debtor's Relief War Conditions Discretion Under Regulation

Case Brief

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Parties

Millar & Ors.

Appellant

Leber

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the order of sequestration should be set aside or stayed under Regulation 9 of the Debtor's Relief Regulations
  2. 2 Whether the appellants were solvent
  3. 3 Whether war conditions caused the appellants' inability to pay

Ratio Decidendi

It was not shown that the trial judge acted on a wrong principle, considered irrelevant matters, or excluded relevant matters in exercising discretion under Regulation 9; therefore, the appeal should be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs, including any reserved costs, to be paid out of the Estate.