The Chief Collector of Taxes of the Territory of Papua and New Guinea v Bayliss (1974) 131 CLR 329

• Jurisdiction: Papua New Guinea
• Court: High Court
• Judge: Mason J:
• Judgment Date: 03 October 1974
• Citation: (1974) 131 CLR 329
• Year: 1974

High Court: Gibbs J, Stephen J, Mason J

Judgment Delivered: 3 October 1974

1 High Court—Appeal—Competency—Judgment involving directly or indirectly a claim demand or question to or respecting any property or civil right to or of the value of $3,000—Appeal from Federal Court of Bankruptcy—Petition for sequestration order alleging indebtedness of $10,000 owing under judgment—Act of bankruptcy—Failure to comply with bankruptcy notice—Dismissal of petition on ground of invalidity of bankruptcy notice—Whether appeal to High Court as of right—Bankruptcy Act 1966–1970 (Cth), s39(2)(b).

2

___________________________

... New Guinea obtained a judgment for $ 10382.42 against Colin Powell Bayliss in the Supreme Court of the Territory. The judgment was registered as a judgment of the Supreme Court of...

Objection to competency upheld with costs. Leave to appeal refused with costs.

The Chief Collector of Taxes of the Territory of Papua and New Guinea obtained a judgment for $ 10382.42 against Colin Powell Bayliss in the Supreme Court of the Territory. The judgment was registered as a judgment of the Supreme Court of Victoria under the provisions of the Service and Execution of Process Act 1901–1968 (Cth) on 20th October 1971. On 16th February 1973 the Chief Collector issued a bankruptcy notice based on the said judgment which bore the following indorsement: "This notice was issued on the application of the Chief Collector of Taxes of the Territory of Papua and New Guinea by Robert Burns Hutchinson, Crown Solicitor for the Commonwealth whose address for service is 99 Queen Street, Melbourne." The notice stated the address of the Chief Collector as "of 8th Floor, 99 Queen Street, Melbourne in the State of Victoria". On 20th March 1973 the Chief Collector petitioned the Federal Court of Bankruptcy for a sequestration order against the judgment debtor's estate on the ground of his failure to comply with the bankruptcy notice. At the hearing of the petition, Sweeney J found that between 16th February 1973 and 21st May 1973 inclusive the Chief Collector was not himself present at 99 Queen Street, Melbourne, and that the petitioner had failed to establish that during that period there was to be found at that address any duly constituted and proper agent duly authorised to receive payment on his behalf of the amount which the notice alleged to be owing and so able to give a discharge for the debt. On that ground the judge held the bankruptcy notice invalid and he dismissed the petition. The petitioner appealed to the High Court under s39(2)(b) of the Bankruptcy Act 1966–1970 (Cth). On 7th June 1974 the judgment debtor objected to the competence of the appeal on the ground that the refusal of a sequestration order was not a ground upon which an appeal lay to the High Court pursuant...