Delph Sing v Wood [1918] HCA 69; (1918) 25 CLR 497 (21 November 1918)

HIGH COURT OF AUSTRALIA

Delph Sing Appellant; and Wood and Others Respondents.

H C of A

On appeal from the Supreme Court of New South Wales.

21 November 1918

Barton, Gavan Duffy and Rich JJ.

Loxton K.C. (with him Saunders), for the appellant.

Clive Teece, for the respondents, was not called upon.

Barton J.

I am of opinion that this appeal should be dismissed. I do not wish to add anything except that the reasons given by Street J. satisfy me.

Gavan Duffy J.

There are many peculiar circumstances in this case and, without laying down any general rule, it is enough for me to say that I think that the Registrar in Bankruptcy properly exercised his discretion under sec. 37 (1) of the Bankruptcy Act 1898, and that the order appealed against is right.

Rich J.

I agree. There is no suggestion of fraud or collusion, and miscarriage of justice cannot be predicated of the judgment sought to be impeached, obtained as it was in an action where the issue of indebtedness was fought out between the parties before the jury (In re Howell[1]).

Appeal dismissed with costs

Solicitor for the appellant, A. J. Grant.

Solicitor for the respondents, J. W. H. Houston.

[1] 84 L.J.K.B., 1399.