SHIELDS v ANZ BANKING GROUP LIMITED [1996] NSWCA 473

SHIELDS v ANZ BANKING GROUP LIMITED [1996] NSWCA 473

Mr and Mrs Shields, having been declared bankrupt, had no right to appeal decisions relating to property, as the right to appeal vested in the trustee in bankruptcy; accordingly, leave to appeal was refused and the notices of appeal were struck out as incompetent.

Parties
Appellant: Mr Shields; Appellant: Mrs Shields; Respondent: ANZ Banking Group Limited
Jurisdiction
Australia
Judgment Date
18 November 1996
Procedural Posture
Civil Appeal / Application for Leave to Appeal Before the Court of Appeal
Outcome
Leave to appeal refused; notices of appeal struck out as incompetent; no order as to costs.
Legal Topics
Bankruptcy Effect on Litigation, Leave to Appeal, Rights of Bankrupt Litigants
Bankruptcy Property Law Civil Procedure Bankruptcy Effect on Litigation Leave to Appeal Rights of Bankrupt Litigants

Case Brief

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Parties

Mr Shields

Appellant

Mrs Shields

Appellant

ANZ Banking Group Limited

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal Before the Court of Appeal

Legal Issues

  1. 1 Whether Mr and Mrs Shields, as bankrupts, have a right to appeal the decision of Brownie J
  2. 2 Whether leave to appeal should be granted to Mr and Mrs Shields
  3. 3 Whether the statements of claim dealt with claims relating to property, such that the right of action vested in the trustee

Ratio Decidendi

Mr and Mrs Shields, having been declared bankrupt, had no right to appeal decisions relating to property, as the right to appeal vested in the trustee in bankruptcy; accordingly, leave to appeal was refused and the notices of appeal were struck out as incompetent.

Court Disposition

Leave to appeal refused; notices of appeal struck out as incompetent; no order as to costs.

Orders

  • Leave to appeal from the decision of Brownie J is refused.
  • Both the notice of appeal and the draft amended notice of appeal are struck out as incompetent.