Jury, Houda v Westpac Banking Corp & Anor Jury, Eric Abraham v Westpac Banking Corp & Anor [1997] FCA 1277

Jury, Houda v Westpac Banking Corp & Anor Jury, Eric Abraham v Westpac Banking Corp & Anor [1997] FCA 1277

A right of appeal against a sequestration order made after bankruptcy is not property within the meaning of section 5 of the Bankruptcy Act 1966 and therefore does not vest in the Trustee; the bankrupts may prosecute such appeals themselves.

Jurisdiction
Australia
Judgment Date
04 November 1997
Procedural Posture
Bankruptcy Matters Concerning Appeals From Sequestration Orders / Motions/applications for Separate Determination of Whether the Right of Appeal Vested in the Trustee
Outcome
Separate question determined; declaration made that the right of appeal did not vest in the Trustee; applications adjourned for directions.
Legal Topics
['sequestration Orders' 'right of Appeal' 'property Vesting in Trustee' 'separate Determination']
['bankruptcy' 'federal Court Procedure'] ['sequestration Orders' 'right of Appeal' 'property Vesting in Trustee' 'separate Determination']

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Procedural Posture

Bankruptcy Matters Concerning Appeals From Sequestration Orders / Motions/applications for Separate Determination of Whether the Right of Appeal Vested in the Trustee

Legal Issues

  1. 1 ['Whether any right of appeal against the sequestration orders made on 22 May 1997 was property within the meaning of section 5 of the Bankruptcy Act 1966 and vested in the Trustee.' 'Whether the bankrupts could prosecute their appeals against the sequestration orders.']

Ratio Decidendi

A right of appeal against a sequestration order made after bankruptcy is not property within the meaning of section 5 of the Bankruptcy Act 1966 and therefore does not vest in the Trustee; the bankrupts may prosecute such appeals themselves.

Court Disposition

Separate question determined; declaration made that the right of appeal did not vest in the Trustee; applications adjourned for directions.

Orders

  • ['The question of whether or not any right of appeal against the sequestration orders made on 22 May 1997 is property which vests in the Trustee be determined separately from and before the determination of any other question arising in the application.' 'Any right of appeal from the sequestration order made by...