MACKAY v. JELLIE

17 VLR 91·HIGINBOTHAM, C.J., HOLROYD, WEBB, and HODGES, JJ.
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17 VLR 91
17 VLR 91
MACKAY v. JELLIE Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., HOLROYD, WEBB, and HODGES, JJ. February 3, 1890. April 2, 1890. September 26, 29 September 1890 "Insolvency Statute 1871" (No. 379), ss. 37 (ii.) and 71 — Debtor hopelessly insolvent — Delivery of whole of property to creditor in consideration of past debt — Threat of action — Intent to defeat creditors — Fraudulent preference — Pressure .

The delivery of the whole of a debtor’s property, or of the whole with an insignificant exception, to his largest creditor on the eve of insolvency, and when he was hopelessly insolvent, in consideration of a past debt only, is a delivery with intent to defeat creditors within the meaning of sub-sec. 2 of sec. 37 of the “Insolvency Statute 1871" (No. 379), inasmuch as the necessary result would be that the other creditors would be defeated.

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