The Insolvency Law of Victoria |
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Common terms and phrases
33 Vict Act of 1897-compare act of insolvency action affidavit after-acquired property allocatur amount ante appeal Appendix application appointed assignee or trustee Bank bankrupt Bankruptcy Act 1883 bill certificate of discharge CHAP chattels Chief Clerk chose in action claim committee of inspection composition costs Court of Insolvency debtor debts due deed of arrangement deemed district dividend entitled ex parte Davies examination execution extraordinary resolution filed firm given held Ibid insolvent estate insolvent's judge judgment jurisdiction liability liquidation by arrangement Manson matter meeting of creditors Melbourne ment notice obtained official accountant order nisi order of sequestration paid partner party payable payment person Principal Act proceedings provable proved provisions proxy registered resolution respect Rules secured creditor separate estate settlement settlor solicitor summons Supreme Court surety thereof think fit tion trustee's unless Victoria Vide Ex vote
Popular passages
Page 246 - Every conveyance or transfer of property, or charge thereon made, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they become due from his own money...
Page 224 - Where any part of the property of the bankrupt consists of land of any tenure burdened with onerous covenants, of shares or stock in companies, of unprofitable contracts, or of any other property that is unsaleable, or not readily saleable, by reason of its binding the possessor thereof to the performance of any onerous act, or to the payment of any sum of money...
Page 269 - The seller of goods is deemed to be an unpaid seller within the meaning of this act-- (a) When the whole of the price has not been paid or tendered...
Page 271 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Page 311 - Provided that, where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor.
Page 271 - Act, the unpaid seller's right of lien or retention or stoppage in transitu is not affected by any sale or other disposition of the goods which the buyer may have made, unless the seller has assented thereto. Provided that where a document of title to goods has been lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for valuable consideration, then...
Page 537 - Court, on satisfactory evidence, that the composition or scheme cannot in consequence of legal difficulties, or for any sufficient cause, proceed without injustice or undue delay to the creditors or to the debtor...
Page 15 - Court being given in the affirmative or negative of the questions of law raised by the special case, a sum of money, fixed by the parties, or to be ascertained by the Court, or in such manner as the Court may direct, shall be paid by one of the parties to the other of them, either with or without costs of the cause or matter; and the judgment of the Court may be entered for the sum so agreed or...
Page 270 - ... (3) If goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case, whether they are in the possession of the master as a carrier or as agent of the buyer.
Page 729 - CD, by you in form aforesaid taken, and every part thereof, for the best price that can be gotten for the same...