Cameron (as Executrix of the Will of Alexander Donald Robert Gordon Cameron (Dec)) v Murdoch (as Administratrix of the Estate of James Cameron (Dec))

This case involved an application to set aside an order for examination of one of the parties as a judgment debtor. The application was made by the first-named second plaintiff, Mr Cameron, who sought to have the order set aside on the basis that the debt in question was statute-barred. The legal issue before the court was whether the payment of part of a debt by one joint debtor after the limitation period had expired would revive the liability of the other debtors. The court held that the payment of part of the debt by one joint debtor did revive the liability of all debtors for the debt, and that the payment in question was a part-payment under the Limitation Act. The court also held that an acknowledgement of the existence of the debt was sufficient to revive the liability, and did not require an express or implied promise to pay the outstanding balance.

The final orders made by the court were that the application be dismissed and that the order for examination be not set aside.