Samootin v Shea [2010] NSWCA 371

Samootin v Shea [2010] NSWCA 371

Ms Samootin’s applications are incompetent because she lacks standing; all relevant rights vested in the Official Trustee upon bankruptcy and did not revert upon discharge. Her claim and applications concern property and liabilities not vested in her at the time of the proceedings; therefore, she cannot bring these proceedings.

Jurisdiction
Australia
Judgment Date
21 December 2010
Procedural Posture
Applications for Leave to Appeal, Extension of Time, Injunction / Court of Appeal Judgment on Multiple Applications
Outcome
All applications dismissed as incompetent or lacking merit; costs ordered against applicant except for the injunction application where no costs ordered.
Legal Topics
['standing' "bankrupt's Capacity" 'constructive Trusts' 'leave to Appeal' 'equitable Interests' 'injunctions']
['procedure' 'bankruptcy' 'equity'] ['standing' "bankrupt's Capacity" 'constructive Trusts' 'leave to Appeal' 'equitable Interests' 'injunctions']

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Procedural Posture

Applications for Leave to Appeal, Extension of Time, Injunction / Court of Appeal Judgment on Multiple Applications

Legal Issues

  1. 1 ['Does Alexandra Samootin have standing to bring applications for leave to appeal, extension of time, injunction, or to adduce further evidence?' 'Effect of bankruptcy and discharge on applicant’s rights and capacity to litigate proprietary or creditor claims' 'Correct allocation of beneficial interests and liability for expenses concerning real property' 'Whether orders made by Hammerschlag J or Palmer J are erroneous or defective']

Ratio Decidendi

Ms Samootin’s applications are incompetent because she lacks standing; all relevant rights vested in the Official Trustee upon bankruptcy and did not revert upon discharge. Her claim and applications concern property and liabilities not vested in her at the time of the proceedings; therefore, she cannot bring these proceedings.

Court Disposition

All applications dismissed as incompetent or lacking merit; costs ordered against applicant except for the injunction application where no costs ordered.

Orders

  • ['All applications seeking leave to appeal from Hammerschlag J’s decisions are dismissed with costs.' 'All applications for leave to appeal or extension of time regarding Palmer J’s decisions are dismissed with costs.' 'Notice of Motion filed 4 June 2010 is dismissed with costs.' 'All applications seeking leave to...