Bagshaw, Leith Gordon v Phillip Crawford Acting as Agent/Or York, Henry Davis & Ors [1997] FCA 82

Bagshaw, Leith Gordon v Phillip Crawford Acting as Agent/Or York, Henry Davis & Ors [1997] FCA 82

The applicant, being an undischarged bankrupt, has no standing to enforce a right of action concerning the restoration of property or business; such a right is vested in his trustees in bankruptcy. Accordingly, the proceeding must be dismissed.

Parties
Applicant: Leith Gordon Bagshaw; First Respondent: Phillip Crawford acting as agent/or Henry Davis York; Second Respondent: Westpac Limited; Third Respondent: Ward and Partners acting agents/or for the First Respondent; Fourth Respondent: Jefferson and Stevens as trustee for Leith Gordon Bagshaw
Jurisdiction
Australia
Judgment Date
13 February 1997
Procedural Posture
Notice of Motion for Summary Dismissal or Striking Out / Interlocutory Application; Reasons for Judgment
Outcome
Proceeding dismissed generally; costs ordered against applicant for first and second respondents.
Legal Topics
Standing of Bankrupts, Summary Dismissal, Striking Out Pleadings
Bankruptcy Law Civil Procedure Standing of Bankrupts Summary Dismissal Striking Out Pleadings

Case Brief

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Parties

Leith Gordon Bagshaw

Applicant

Phillip Crawford acting as agent/or Henry Davis York

First Respondent

Westpac Limited

Second Respondent

Ward and Partners acting agents/or for the First Respondent

Third Respondent

Jefferson and Stevens as trustee for Leith Gordon Bagshaw

Fourth Respondent

Procedural Posture

Notice of Motion for Summary Dismissal or Striking Out / Interlocutory Application; Reasons for Judgment

Legal Issues

  1. 1 Whether an undischarged bankrupt has standing to bring proceedings for restoration of property alleged to have been wrongfully taken
  2. 2 Whether the proceeding should be summarily dismissed or struck out

Ratio Decidendi

The applicant, being an undischarged bankrupt, has no standing to enforce a right of action concerning the restoration of property or business; such a right is vested in his trustees in bankruptcy. Accordingly, the proceeding must be dismissed.

Court Disposition

Proceeding dismissed generally; costs ordered against applicant for first and second respondents.

Orders

  • The proceeding be dismissed generally.
  • The applicant pay the costs of the first and second respondents of the proceeding.