O'Connor v Quinn

The Supreme Court of Queensland considered the validity of a bill of sale in *O'Connor v Quinn*. The dispute arose between the plaintiff, who sought to enforce a bill of sale over certain goods, and the defendant, who claimed the bill of sale was invalid.

The central legal issue before the Court was whether the bill of sale was void for want of consideration, specifically concerning the inclusion of a "past debt" as part of the consideration. The Court was required to determine if the past debt constituted valid consideration for the bill of sale, thereby rendering it enforceable.

The Court reasoned that for a bill of sale to be valid, the consideration must be present and not merely past. It held that a past debt, without any new advance or forbearance at the time the bill of sale was granted, did not constitute sufficient present consideration. Consequently, the bill of sale was deemed void for want of valid consideration. The Court therefore found in favour of the defendant.