Trustee of the Property of the Bankrupt v D Pennelier Co Ltd

demikian juga merupakan penguatan atas pertimbangan dari putusan hakim sebelumnya.

c. Trustee of the Property of the Bankrupt v D Pennelier Co Ltd

7 Fakta hukumnya adalah demikian: “There, an action for money had and received was brought by the trustee in bankruptcy to recover, inter alia, moneys paid out by the bankrupt‟s agent to the defendant a French company after the date of the receiving order. The main question was whether leave to serve the writ out of jurisdiction under O 11 of the English RSC should be granted. The arguments before the court raised, inter alia, the question whether such a claim fell within what is now the English RSC O 11 r 11d on the basis that the quasi-contractual obligation of the French company to restore the payments to the trustee fell to be treated as “made” in England and therefore governed by English law. Sir Nicolas Browne- Wilkinson V-C did not regard such obligation as made or arising in England, notwithstanding the fact that payment in that case was made pursuant to a contract between the bankrupt and the French company. He held that r 2012c in Dicey Morris was “sound in principle” and applied it. He said, at p 495: As at present advised, I am of the view that quasi-contractual obligations of this kind arise from the receipt of the money. I find it difficult to see how such obligation can be said to be „made‟ or „arise‟ in any place other than that of the receipt. As to the proper law, Dicey Morris, The Conflict of Laws 10th Ed, 1980, p 921, expresses the view that, save in cases where the 7 Ibid., poin. 38. obligation to repay arises in connection with a contract or an immoveable, the proper law of the quasi-contract is the law of the country where the enrichment occurs. This accords with the American Restatement and seems to me to be sound in principle. Berangkat dari kasus ini, suatu kaedah yang ditemukan ialah kecuali dalam kasus di mana kewajiban untuk membayar timbul sehubungan dengan kontrak atau benda tidak bergerak immovable, hukum yang tepat dari kuasi-kontrak adalah hukum negara di mana pengayaan terjadi 8 .

d. Hongkong and Shanghai Banking Corp Ltd v United Overseas