Skip to Content

Decisions of the Superior Courts of New South Wales, 1788-1899

In re Smith (1828) NSW Sel Cas (Dowling) 605; [1829] NSWSupC 7

insolvency, repeal of legislation - insolvency, women

Supreme Court of New South Wales

Trial, March 1829[1 ]

Source: Dowling, Select Cases, Vol. 2, Archives Office of N.S.W., 2/3462

 

[pp 143-144] [Where under the 4. G. 4. C. 96 proceedings were begun in order to declare a debtor insolvent, but in the mean time that act was repealed without any provision to the contrary.  Held that the Court had no jurisdiction to declare the party insolvent][2 ]

[p. 143] In re Elizabeth Smith

Rowe renewed an application made on the 2nd inst to have this person brought up to be declared insolvent under the old act 4 G 4. C. 96. contending that by virtue of the 9. G. 83. s. 2. the [p. 144] Court had authority to perfect proceedings in insolvency which had commenced before the last act came into operation.  But the Court was clearly of opinion that although a writ had issued whereon the proceedings might have been founded under the old act and an order made for to attend still they had no jurisdiction now to do any act in order to a declaration of insolvency.

Refused

 

Notes

[1 ] From its position in the notebook, it is likely that this hearing was held between 2 and 6 March 1829.

Published by the Division of Law, Macquarie University