OFFICIAL ASSIGNEE OF THE ESTATE OF CHEAH SOO TUAN Vs. KHOO SAW CHEOW

JUDGEMENT

(1.) This is an appeal by the Official Assignee of the Estate of Cheah Soo Tuan, a bankrupt, from an order of the Court of Appeal of the Straits Settlements (Sattlemant of Penang) dated 8 April 1929.

(2.) By the order of which the appellant complains the Court of appeal set aside a judgment dated 17 July 1928, of Sproule, J. and ordered a new trial. Sproule, J., had declared that a conveyance dated 2 June, 1926, by the bankrupt to his secondary wife, the respondent, of No. 121, Beach Street, Penang, was void as against the appellant and ought to be set aside, and ordered delivery up of such conveyance.

(3.) By S. 50, Ordinance 44 relating to bankruptcy, it is provided that "any settlement of property not being . . . . a settlement made in favour of a purchaser . . . . in good faith and for valuable consideration . . . . shall if the settlor becomes bankrupt within two years after the date of this settlement be absolutely void as against the Official Assignee." And also that "settlement for the purposes of this section includes any conveyance or transfer of property. . . ."