2 Jul 2008
HUNT (BANKRUPT) V OFFICIAL ASSIGNEE HC WN CIV-2003-485-2585
- Citation
- openlaw-4df7fd25_00fa_4254_9ecc_1034741071d2.pdf
- Court
- High Court
The Court has no jurisdiction to determine a bankrupt's application for discharge after the bankrupt's death because the entitlement to discharge is personal to the bankrupt and cannot be pursued posthumously; s137 authorises continuation of administration of the estate but does not extend to deciding personal relief that requires the bankrupt's living participation. Even if jurisdiction existed, the application would have been refused as futile or unjust in the particular circumstances.