29 VLR 69WHYTE v. WILLIAMS Supreme Court of Victoria (Full Court) MADDEN, C.J., HODGES, WILLIAMS, and HOOD, JJ. February 16, 26, 1903, 14 May 1903Insolvency — Grocer's licence — Action to enforce right to purchase — Order of Court giving option of purchase — Proviso in fraud of insolvency law — Injunction against transfer of grocer's licence — Order of Court purporting to bind official assignee in case of insolvency — Property passing to official assignee — Equitable interest in insolvent's property — Official assignee — "Privy.".
A., the holder of a grocer’s licence, agreed that, should he desire to dispose of the licence, he would give B. the first option of purchasing it for 40l. A. attempted to sell the licence to C., whereupon B. brought an action against A. and C. claiming specific performance of the agreement and an injunction to restrain the sale to C. In this action an order of the Court was made by consent ordering that "upon payment of the sum of 40l. by B. when required to do so by A. his executors or administrators A. his executors administrators or his official assignee D. should he become insolvent" should transfer the licence to B., provided that "if A. should become insolvent B. shouldbe entitled to pay 40l. and obtain a transfer of the licence;" and granting a "perpetual injunction against A. his executors administrators or assigns in insolvency should he ever become insolvent" from transferring the licence to any person other than B.