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King v Henderson (New South Wales)

King v Henderson (New South Wales)

Case [1898] UKPC 34

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Case: [1898] UKPC 34
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Most Recent Citation

Streimer, Bettina v Tamas, Janos Istvan [1981] FCA 140 ((1981) 54 FLR 253)

Cases Citing This Decision

21

Cox (Administrator) v Mahommed [2025] FCA 1063
Citation 1 (Para 25)

…); Rozenbes at 414 (Dixon CJ, Webb and Fullagar JJ); Dowling v Colonial Mutual Life Assurance Society Ltd (1915) 20 CLR 509 at 521 (Isaacs J, quoting King v Henderson (1898) AC 720 with approval).…
Shipman & Shipman [2021] FamCA 584
Citation 2 (Para 26)

…bes v Kronhil (1956) 95 CLR 407 and Dowling v Colonial Mutual Life Assurance Society Ltd (1915) 20 CLR 509 approving the oft cited statement from King v Henderson (1898) AC 720. For present purposes it is merely one factor that the Court takes into account in ultimately concluding that the balance of convenience and hards…
GR v Family and Community Services [2021] NSWSC 39
Citation 3

…87 FCR 134; 163 ALR 744; [1999] FCA 773; BC9903036; see also Castro v Murray (1875) LR 10 Ex 213; Dawkins v Prince Edward (1886) 11 P 59 at 63; King v Henderson (1897) 3 ALR (CN) 12; 13 WN (NSW) 137; Re Septimus Parsonage and Co [1901] 2 Ch 424; Bayne v Baillieu (1908) 6 CLR 382; 14 ALR 426; Dowling v Colonial Mutual Life…
Burton v The Office of the Director of Public Prosecutions [2019] NSWDC 120
Citation 4

…The words "both circumstances concurring" suggest that both an improper object and fraud are needed before abuse of the court process is made out. His Honour was concerned to take account of the advice given by the Privy Council in King v. Henderson (37) (1898) AC 720, at p 731 where, in the context…
Liascos v Anastasopoulos and Hodges v Anastasopoulos [2013] FCCA 2239
Citation 5 (Para 9)

…side a judgment but only to prevent the judgment creditor from having recourse to the provisions of the Bankruptcy Act: Re Vitoria (1894) 2 QB 387; King v Henderson (1898) AC 720. As between the parties the judgment remains unimpeached and may be enforced accordingly by whatever means may otherwise be available. 28. … To…
Deputy Commissioner of Taxation v Soong [2013] FCCA 2106
Citation 6 (Para 12)

…nsufficient to support a petition, buying up another debt for the purpose of having the debtor’s assets protected and distributed in bankruptcy ( King v Henderson (1898) A.C. 720). It is plain in this case that the petitioner had no other purpose, though offered payment of the judgment debt after the petition had been lod…
The Owners Strata Plan No 54026 v Foong [2013] FCCA 1234
Citation 7 (Para 3)

…person issuing the bankruptcy notice it has been held that the bankruptcy notice is not invalidated on the grounds of such payment being made: King v Henderson (1896) 7 BC (NSW) 35; Walsh v Deputy Commissioner of Taxation (1984) 156 CLR 337 at 340. Even if Mr Foong was granted an indulgence and the Creditor recognised th…
Maples v Siteberg Pty Ltd [2013] FMCA 1253
Citation 8 (Para 3)

…Much was said in submissions about the respondent’s purpose in causing the bankruptcy notice to issue, and the extent to which this manifests an abuse of process. This was discussed in the judgment of Mason CJ, Dawson, Toohey and McHugh J in Williams v Spautz (1992) 174 CLR 509 at paragraphs 34, 36 …
Russell v Polites Investments Pty Ltd [2011] FMCA 476
Citation 9

…A 477 Cusack v De Angelis [2008] FMCA 18 Rozenbes v Kronhill (1956) 95 CLR 407 Dowling v Colonial Mutual Life Assurance Society Ltd (1915) 20 CLR 509 King v Henderson (1898) AC 720 Moran v Lydiard Financial Services Pty Ltd [2007] FCA 872 Cottrell v Nicholls (trustee in the estate of Cottrell) [2004] FCA 102 Totev v Sfar…
Norilya Minerals Pty Ltd v Ireland [2010] WASC 260
Citation 10 (Para 2)

…n CJ, Dawson, Toohey and McHugh JJ made the following observations about the boundaries of abuse of process: The observations of the Privy Council in King v Henderson (1864) 10 LT (NS) 414 at 415 and those of Isaacs J in Dowling (1915) 20 CLR at 521 ‑ 522, to which we referred earlier, represent an attempt to achieve a fo…
Michael Wilson and Partners Ltd v Nicholls [2009] NSWSC 1033
Citation 11

…te (1803) 8 Ves 337 Jarvis (decd), Re [1958] 1 WLR 815 Jones v Schiffmann 1971) 124 CLR 303 Keech v Sandford (1726) Cas temp King 61 King v Henderson (1897) 3 ALR (CN) 12; 13 WN (NSW) 137 Lawrance v Lord Norreys (1890) 15 App Cas 210 Lloyd v Guibert (1865) LR1QB 115 Lonrho Ltd v Shell Petroleum Co Ltd (No 2) [1982] AC 173…
Capital Finance Australia Pty Ltd v Nathan [2008] FMCA 1363
Citation 12 (Para 9)

…onclusive sense, create an estoppel on the issue whether the petitioner's claim is a good debt (see In Re Vitoria Ex parte Vitoria (1894) 2 QB 387; King v Henderson (1898) AC 720 at 729-30; Dowling v Colonial Mutual Life Assurance Society Ltd. [1915] HCA 56; (1915) 20 CLR 509 per Isaacs J. at 518-9). As Isaacs J. pointed…
Doyle v Hadfield [2008] FMCA 997
Citation 13 (Para 13)

…aside a judgment but only to prevent the judgment creditor from having recourse to the provisions of the Bankruptcy Act: Re Vitoria (1894) 2 QB 387; King v Henderson (1898) AC 720. As between the parties the judgment remains unimpeached and may be enforced accordingly by whatever means may otherwise be available.…
Williams v Spautz [1992] HCA 34
Citation 14

…is within the lawful scope of the process, it is a use of the process within the meaning of the law, though it may be malicious, or even fraudulent, and in the circumstances the fraud may be an answer; if, however, the object sought to be effected by means of the process is outside the lawful scope …
Maples v Siteberg Pty Ltd [2013] FMCA 123
Citation 15 (Para 3)

…Much was said in submissions about the respondent’s purpose in causing the bankruptcy notice to issue, and the extent to which this manifests an abuse of process. This was discussed in the judgment of Mason CJ, Dawson, Toohey and McHugh J in Williams v Spautz (1992) 174 CLR 509 at paragraphs 34, 36 …
Re Horwarth; Ex parte Mortgage Acceptance Nominees Ltd [1993] FCA 570
Citation 16

…King v Henderson (1898) AC 720 at 728…
Whitemark P/L (ACN 008 966 121) v Cann Australia P/L (ACN 0101 814 365) [1993] FCA 184
Citation 17

…King v. Henderson (1898) AC 720…
Gye, C.A. v McIntyre, I.B [1992] FCA 321
Citation 18

…conclusive sense, create an estoppel on the issue whether the petitioner's claim is a good debt (see In Re Vitoria Ex parte Vitoria (1894) 2 QB 387; King v Henderson (1898) AC 720 at 729-30; Dowling v Colonial Mutual Life Assurance Society Ltd. (1915) 20 CLR 509 per Isaacs J. at 518-9). As Isaacs J. pointed out in Dowlin…
Emerson v Wreckair Pty Ltd [1992] FCA 16
Citation 19

…aside a judgment but only to prevent the judgment creditor from having recourse to the provisions of the Bankruptcy Act: Re Vitoria (1894) 2 QB 387; King v Henderson (1898) AC 720. As between the parties the judgment remains unimpeached and may be enforced accordingly by whatever means may otherwise be available.…
Re Vella, Dianne Ex Parte Seymour, Michael Thomas [1983] FCA 114
Citation 20

…tile, since it could not annul the act of bankruptcy which had already been committed and which would remain. In particular, reliance was placed upon King v Henderson (1898) AC 720 at 728; Re Grace (1931) 3 ABC 131; Re McDonald (1934) 8 ABC 184 at 193; Re Edmunds (1936) 9 ABC 1; Re Hanby (1967) 10 FLR 378 at 381; Re Hayes…
Streimer v Tamas [1981] FCA 140
Citation 21

…It was argued on behalf of the appellant that a long line of authority makes it apparent that s.41(6A) should not be construed as conferring jurisdiction to make an order extending time for compliance with the requirements of a bankruptcy notice in circumstances where, at the time of the proposed or…

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