MACKENZIE v REES

65 CLR 1
1941 - 0728A - HCA

Between: MACKENZIE
And: REES

Court:
High Court of Australia

Judges: Rich ACJ
Dixon J
McTiernan J
Williams J

Subject References:
Bankruptcy
Interest-bearing debt
Entry into deed of arrangement
Whether debt revived
Claim for interest

Legislative References:
Bankruptcy Act 1924 No 37 - s 60(2); s 81; s 84(5); s 89; s 112(1); s 116(2); s 118; s 121(2)
Bills of Exchange Act 1909 No 27 - s 62
Judiciary Act 1903 No 6 - s 23(2)

Hearing date: BRISBANE 18 June 1941; 19 June 1941
Judgment date: 28 July 1941

SYDNEY


ORDER

Appeal dismissed. Order of Philp J. except with respect to costs discharged. Direct the trustee that Thomas Brown & Sons Ltd are entitled to prove against surplus for interest at the rate of seven per cent per annum from 7th June 1933 on the amount of their debt of PD5,062 13s. 2d. outstanding from time to time after that date and that the other creditors should be allowed to prove pari passu if they can establish that their original debts carried interest by contract. Costs of all parties of the appeal-those of the trustee as between solicitor and client- to be paid out of surplus. Refer the matter to the court below to do what is right pursuant to this order.

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND EXERCISING JURISDICTION IN BANKRUPTCY.