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

In re Anderson [1841] NSWSupC 26

insolvency

Supreme Court of New South Wales

March 1841

Source: Sydney Herald, 20 March 1841

 

Robert Anderson, late merchant, and who had been previously discharged was again brought up, and after having been examined by Mr. Thurlow, as the agent of Mr. Peck, as to the state of his affairs, he was remanded for one week, for the purpose of filing a statement of the debts which he had made over to his trustees for the general benefit of his creditors; also to state, in the same schedule, what consideration had passed between him and his trustees for acting as their agent in winding up his affairs for them. His Honor stated, that by his remanding Mr. Anderson he did not, in any way, intend to reflect on his honor and respectability, but it was in compliance with the act that he did so. His Honor also stated, that the insolvent law in this Colony was, in his opinion, most unequable, as, on the one hand, any one creditor, who chose, could press his claim and pounce upon a debtor and sacrifice his property, to the prejudice of the general body of the creditors; while had it been assimilated to the English law, the estate might be made available for the general benefit of the whole of the creditors.

Published by the Division of Law, Macquarie University