Practitioners seeking to substitute a petitioning creditor under s 35 of the Bankruptcy Act must ensure the substituted creditor's debt existed at the time of the alleged act of bankruptcy.
Later decisions that cite McNamara v Langford
McNamara Respondent, Appellant; and Langford Applicant, Respondent.
H C of A
On appeal from the Court of Bankruptcy.
17 August 1931
Gavan Duffy C.J., Rich, Dixon, Evatt, and McTiernan JJ.
Webb, for the appellant.
E. F. McDonald, for the respondent.
Gavan Duffy C.J.
The Court is of opinion that the person substituted under sec. 35 must be a person whose debt was in existence at the time of the act of bankruptcy alleged in the petition, and for that reason the appeals must be allowed. I wish to say for myself that, although I do not dissent from that view, I do not wish to state my formal adherence to it. The Court thinks that the appeals ought to be allowed with costs.
Appeals allowed with costs. Orders of Judge Lukin set aside.
Solicitor for the appellant, Emil E. J. Ford.
Solicitors for the respondent, Teece, Hodgson & Co.