9 Aug 2018
Because the applicant had been made bankrupt and the claim involved economic losses beyond PSLA, the court treated the entitlement to pursue those heads as falling within the trustee's rights under the principles in Ord v Upton; the appropriate course was to adjourn the quantum hearing sine die to allow resolution with the trustee, with liberty to restore the application.
24 Jan 2003
Section 43F does not operate to defeat or delay the vested rights of a secured creditor; the statutory six‑month occupation right is exercisable against the trustee in bankruptcy and does not bar the mortgagee from obtaining vacant possession of mortgaged premises.
28 Oct 1997
The alleged pledge was invalid as a matter of law because the subject was a bank account (a chose in action) which cannot be pledged without delivery of possession, the specific account referenced did not exist at the time of the alleged pledge, and a subsequent assignment could not cure the invalid pledge given the Trustee's earlier acquisition of the Blinders' rights under the US bankruptcy proceedings and Settlement Agreement.