Hamlyn (Bankrupt), Re, (1993) 112 Nfld. & P.E.I.R. 8 (NFTD)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: June 14, 1993
• Jurisdiction: Newfoundland and Labrador
• Citations: (1993), 112 Nfld. & P.E.I.R. 8 (NFTD)

Hamlyn (Bankrupt), Re (1993), 112 Nfld. & P.E.I.R. 8 (NFTD);

    350 A.P.R. 8

MLB headnote and full text

Trans Canada Credit Corporation Limited (plaintiff) v. Janes & Noseworthy Limited, Trustee in Bankruptcy Of The Estate Of Bernard John Hamlyn (defendant)

(No. 042365)

Indexed As: Hamlyn (Bankrupt), Re

Newfoundland Supreme Court

Trial Division

In Bankruptcy

Hickman, C.J.

June 14, 1993.

Summary:

A secured creditor of a bankrupt applied for a declaration that it had sufficiently described chattels in a chattel mortgage.

The Newfoundland Supreme Court, Trial Division, allowed the application.

Chattel Mortgages and Bills of Sale - Topic 1183

Validity - Essential elements - Descrip­tion of chattels - Sufficiency of - The Newfoundland Supreme Court, Trial Divi­sion, stated that, in determining whether there is an adequate description of mortgaged chattels within the meaning s. 7(1) of the Bills of Sale Act, a court should apply an objec­tive test - Whether a description is suffi­cient is a question of fact and not of law - The chattels should be described so that a third party could ascertain that there was a lien against chattels of the mortgagor of the kind enu­merated in the charging in­stru­ment and by proper, but easy inquiry, could have iden­tified the encumbered chattels.

Cases Noticed:

McCall v. Wolff (1885), 13 S.C.R. 130, refd to. [para. 11].

Federal Savings Credit Union v. Alchorn and Dorey (1983), 61 N.S.R.(2d) 217; 133 A.P.R. 217 (T.D.), refd to. [para. 17].

Statutes Noticed:

Bills of Sale Act, R.S.N. 1990, c. B-3, sect. 2(e) [para. 6]; sect. 5(1) [para. 5]; sect. 7(1), sect. 7(2) [para. 7].

Counsel:

Gladys H. Best, for the applicant, Trans Canada Credit Corp.;

Robert P. Stack, for the Trustee in Bank­ruptcy.

This case was heard before Hickman, C.J., of the Newfoundland Supreme Court, Trial Division, In Bankruptcy, who filed the following judgment on June 14, 1993.