PERRY V. MAYNE

PERRY V. MAYNE

On the scant evidence, only £106:18:1 was affirmatively shown as property of the bankrupt; the burden of proof was not met by the official assignee to claim a greater amount. The order should reflect this sum rather than £220, as contributions by non-bankrupt parties could not be excluded on available evidence.

Parties
Appellant: R.G. Perry; Appellant: Mrs. Perry; Respondent: R.D. Mayne; Submitting Respondent: Commonwealth Bank of Australia
Jurisdiction
Australia
Judgment Date
13 December 1945
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part. Order below varied.
Legal Topics
Joint Bank Accounts, Property of the Bankrupt's Estate, Burden of Proof, Costs Order
Bankruptcy Joint Bank Accounts Property of the Bankrupt's Estate Burden of Proof Costs Order

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Parties

R.G. Perry

Appellant

Mrs. Perry

Appellant

R.D. Mayne

Respondent

Commonwealth Bank of Australia

Submitting Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 To what extent is the sum in a joint bank account the property of an undischarged bankrupt and divisible among creditors under the Bankruptcy Act (N.S.W.) 1898?
  2. 2 Whether the official assignee satisfied the burden of proof in establishing the property of the bankrupt in the joint account

Ratio Decidendi

On the scant evidence, only £106:18:1 was affirmatively shown as property of the bankrupt; the burden of proof was not met by the official assignee to claim a greater amount. The order should reflect this sum rather than £220, as contributions by non-bankrupt parties could not be excluded on available evidence.

Court Disposition

Appeal allowed in part. Order below varied.

Orders

  • Order appealed from varied by substituting £106:18:1 for £220 wherever appearing.
  • Order as to costs substituted: parties pay their own costs except Commonwealth Bank's costs as submitting respondent to be paid out of the estate of the bankrupt.