Moy v Briscoe and Company Limited [1907] HCA 36

Moy v Briscoe and Company Limited [1907] HCA 36

The jurisdiction to delegate powers under the Bankruptcy Act attaches to the Court and may be exercised by any qualified Judge, including in periods of vacancy in the office of Judge in Bankruptcy. The communication by the debtor amounted to a deliberate notice of suspension of payment to a creditor, constituting an act of bankruptcy under the Act.

Parties
Appellant: Moy; Respondent: Briscoe & Company Limited
Jurisdiction
Australia
Judgment Date
27 August 1907
Procedural Posture
Appeal / On Appeal From Supreme Court of New South Wales, Bankruptcy Jurisdiction
Outcome
Appeal dismissed with costs to be costs of petitioning creditors.
Legal Topics
Delegation of Powers, Vacancy in Judicial Office, Notice of Suspension of Payment, Act of Bankruptcy
Bankruptcy Delegation of Powers Vacancy in Judicial Office Notice of Suspension of Payment Act of Bankruptcy

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Parties

Moy

Appellant

Briscoe & Company Limited

Respondent

Procedural Posture

Appeal / On Appeal From Supreme Court of New South Wales, Bankruptcy Jurisdiction

Legal Issues

  1. 1 Whether a non-titular Judge may validly delegate powers to the Registrar when there is a vacancy in the office of Judge in Bankruptcy
  2. 2 Whether a statement made by a debtor amounted to notice of suspension or intended suspension of payment, constituting an act of bankruptcy

Ratio Decidendi

The jurisdiction to delegate powers under the Bankruptcy Act attaches to the Court and may be exercised by any qualified Judge, including in periods of vacancy in the office of Judge in Bankruptcy. The communication by the debtor amounted to a deliberate notice of suspension of payment to a creditor, constituting an act of bankruptcy under the Act.

Court Disposition

Appeal dismissed with costs to be costs of petitioning creditors.

Orders

  • Order appealed from affirmed
  • Costs of appeal to be costs of the petitioning creditors