Van der Velde v Ng [2008] FCA 480

Leave is not necessary under s 58(3) of the Bankruptcy Act 1966 (Cth) as the case does not involve enforcement of a provable debt, but the question can be revisited if circumstances change in trial.

Jurisdiction: Australia
Judgment Date: 04 February 2008
Procedural Posture: Civil / Interlocutory Ruling on Necessity of Leave Under Bankruptcy Act
Outcome: Leave not required at this stage; liberty to revisit if appropriate during trial.
Legal Topics: ["leave to Proceed Against Bankrupt's Property" 'application of Bankruptcy Act S 58(3)']

['bankruptcy'] ["leave to Proceed Against Bankrupt's Property" 'application of Bankruptcy Act S 58(3)']

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Procedural Posture

Civil / Interlocutory Ruling on Necessity of Leave Under Bankruptcy Act

Legal Issues

1 ['Whether leave is required under s 58(3) Bankruptcy Act 1966 (Cth) in the circumstances of the case']

Ratio Decidendi

Leave is not necessary under s 58(3) of the Bankruptcy Act 1966 (Cth) as the case does not involve enforcement of a provable debt, but the question can be revisited if circumstances change in trial.

Court Disposition

Leave not required at this stage; liberty to revisit if appropriate during trial.

Orders

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