Nette v Howarth

53 CLR 55

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Between: Nette
And: Howarth

Court:

Judges: Rich J
Starke J
Dixon J
Evatt J
McTiernan J

Subject References:
BANKRUPTCY
Superannuation fund
Contributions by bankrupt
Refund in lump sum
Capital receipt
Property divisible amongst creditors
Protection by State statute

Legislative References:
Superannuation Act 1916 (NSW) No 28 - ss 38, 88
Bankruptcy Act 1924 (Cth) No 37 - s 4; s 6; sub-s 60(1); sub-s 91(1); s 101

Hearing date: 29 March 1935, 1 April 1935
Judgment date: 30 April 1935

Melbourne (heard in Sydney)

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ORDER

Appeal allowed. Declare that the lump sum payable to the bankrupt under the Superannuation Act 1916 (N.S.W.), vests in the official receiver and is payable to him by the State Superannuation Board. Remit matter to the Federal Court of Bankruptcy to be dealt with according to law. Costs of the appeal costs in the matter.