Tilley v Official Receiver [1960] HCA 86

Tilley v Official Receiver [1960] HCA 86

The appellant did not obtain credit within s. 211 (a) because the sellers intended immediate payment, accepted the cheques as conditional payment, and did not assent to any deferral of payment or trust the appellant to pay later. Upon dishonour the debts revived, but that did not convert the transactions into the obtaining of credit.

Jurisdiction
Australia
Procedural Posture
Appeal From Summary Convictions for Offences Under S. 211 (a) of the Bankruptcy Act 1924 1958 / Appeal to the High Court of Australia From the Supreme Court of Queensland Exercising Jurisdiction in Bankruptcy
Outcome
Appeal allowed; convictions and sentence discharged; appellant acquitted.
Legal Topics
['undischarged Bankrupt Obtaining Credit' 'payment by Cheque' 'conditional Payment' 'dishonoured Cheque' 'summary Conviction']
['bankruptcy' 'criminal Law' 'negotiable Instruments'] ['undischarged Bankrupt Obtaining Credit' 'payment by Cheque' 'conditional Payment' 'dishonoured Cheque' 'summary Conviction']

Case Brief

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Procedural Posture

Appeal From Summary Convictions for Offences Under S. 211 (a) of the Bankruptcy Act 1924 1958 / Appeal to the High Court of Australia From the Supreme Court of Queensland Exercising Jurisdiction in Bankruptcy

Legal Issues

  1. 1 ['Whether an undischarged bankrupt who buys goods without disclosing his status and gives cheques on delivery which are later dishonoured obtains credit within the meaning of s. 211 (a) of the Bankruptcy Act 1924-1958.' 'Whether acceptance of a cheque for goods sold on terms of immediate payment amounts to giving credit to the drawer.']

Ratio Decidendi

The appellant did not obtain credit within s. 211 (a) because the sellers intended immediate payment, accepted the cheques as conditional payment, and did not assent to any deferral of payment or trust the appellant to pay later. Upon dishonour the debts revived, but that did not convert the transactions into the obtaining of credit.

Court Disposition

Appeal allowed; convictions and sentence discharged; appellant acquitted.

Orders

  • ['Appeal allowed.' 'Order of the Supreme Court of Queensland exercising jurisdiction in bankruptcy dated 19th July 1960, whereby the appellant was found guilty on certain charges and a sentence was imposed upon him, discharged.' 'In lieu thereof order that the appellant be acquitted and that he be discharged from...