Section 60(2) of the Bankruptcy Act 1966 (Cth) applies to pre-bankruptcy appeals even where the subject matter does not constitute 'property' vesting in the trustee under s.58(1), provided there is a sufficient connection between the action and the bankrupt estate — such as the potential to increase recoverable costs or reduce provable claims. A trustee who elects to prosecute an appeal under s.60(2) is not thereafter compelled to continue it and may seek leave to discontinue.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
1 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.