Sun Hing Tiy & Co v Fukayama [1925] FijiLawRp 4; [1908-1925] 2 FLR 138 (7 July 1925)

[1925] 2 FLR 138

SUPREME COURT CASES OF FIJI

[CIVIL JURISDICTION.]

[ACTION No 21. 1925.]

SUN HING TIY & Co. v. EMMA FUKAYAMA.

1925, July 7.

Payment of a sum of £300 by husband to wife - declaration sought that such payment was void as against the husband's creditors on the ground that it was without valuable consideration and with the intention of defrauding the creditors (13 Eliz. c. 5) - the alienation took place on the marriage of the parties.

Held, there being no evidence in support of the contention that the wife knew at the time of the transfer of the £300 that the gift was in fraud of her husband's creditors or to show that she was a party to any such fraud that the marriage constituted "good" consideration" - plaintiffs' claim dismissed.

Quaere, whether action properly brought inasmuch as the plaintiffs were not judgment creditors?

Sir ALFRED YOUNG, C.J.

(Judgment not printed.)