Re B (A Prisoner) - [1972] NZLR 897

Practice — Habeas corpus — Adjudicated bankrupt wrongfully committed to prison for non-payment of judgment debt — Issue of writ of habeas corpus without direction for service and immediate discharge — Code of Civil Procedure, R 606.

Bankruptcy and insolvency — Arrest and protection from arrest — Judgment obtained against adjudicated bankrupt without prior leave for provable debt — Committal for non-payment of judgment debt — Order and committal unlawful — No relief under Imprisonment for Debt Limitation Act 1908, s 8A (Imprisonment for Debt Limitation Amendment Act 1967, s 2) - Insolvency Act 1967, s 2.