Arnoya Holdings Pty Limited & v Metway Leasing Limited

[1999] NSWCA 120

NSW Court of Appeal

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Interrogate

Catchwords

1. Bankruptcy
2. › Effect of bankruptcy on legal proceedings
3. › Stay of proceedings commenced by bankrupt
4. › Failure by trustee to elect to prosecute or discontinue appeal
5. › Whether appeal deemed abandoned
6. › Bankruptcy Act 1966 (Cth), s 60(2), (3)
1. Bankruptcy
2. › Effect of bankruptcy on legal proceedings
3. › Exception for personal injury or wrong
4. › Whether claims consequential upon property loss fall within exception
5. › Bankruptcy Act 1966 (Cth), s 60(4)
1. Practice and Procedure
2. › Adjournment
3. › Application for adjournment to seek annulment of bankruptcy
4. › Whether adjournment should be granted where appeals deemed abandoned

Quick Take

An appeal commenced before bankruptcy is an 'action' within s 60 of the Bankruptcy Act 1966 (Cth), and is deemed abandoned if the trustee fails to elect to prosecute within 28 days of notice. The s 60(4) exception for personal injury does not extend to claims for injury to reputation or emotional distress that are consequential upon alleged breaches of duty relating to property interests.