Bleeze v Fopp

This matter concerned an application for special leave to appeal to the High Court of Australia from a decision of the Supreme Court of South Australia. The parties were James Edward Bleeze, the creditor and appellant, and Anton Fopp, the debtor and respondent. Bleeze had obtained a judgment against Fopp for £50 and costs. Following this, Bleeze served Fopp with a notice under section 61 of the Insolvency Act 1886 (SA), demanding payment of the total debt of £75 2s. 6d. within fourteen days, and warning that insolvency proceedings would be commenced in default.

The legal issues before the High Court were whether special leave to appeal should be granted from the Supreme Court's decision, and implicitly, whether the Supreme Court had erred in annulling the adjudication of insolvency against Fopp. The Supreme Court had reversed an earlier decision by the Commissioner of Insolvency, which had upheld the adjudication. The act of insolvency relied upon by Bleeze was Fopp's failure to comply with the notice within the stipulated fourteen days.

The Supreme Court of South Australia, comprising Way C.J. and Gordon J., annulled the adjudication of insolvency. This decision was based on the fact that a tender of the full debt amount was made to Bleeze personally on the final day for payment, but he refused to accept it. Although negotiations between the solicitors had been ongoing, the personal tender of the money was a valid attempt to satisfy the debt. The High Court, in considering the application for special leave, indicated that it was not a case for special leave, with Griffith C.J. noting that an appeal might even lie as of right under section 35 of the Judiciary Act 1903, given the judgment affected the status of the respondent.

Consequently, the High Court refused special leave to appeal.