17 Dec 2014
CHANG HYUN CHI v. OFFICIAL RECEIVER AND ANOTHER
- Citation
- CHANG HYUN CHI v. OFFICIAL RECEIVER AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV110/2013
Section 30A(10)(a) is an unconstitutional restriction on the right to travel because its sanction suspending the bankruptcy period operates indiscriminately regardless of reason or prejudice to estate administration, affords no judicial discretion to mitigate consequences and therefore fails the proportionality (necessity/minimal impairment) limb of the test; accordingly the appellant's automatic discharge date stands.