A bankrupt respondent retains the right to appear on an appeal where the subject matter of the proceedings is enforcement orders personal to the bankrupt, rather than the bankrupt's property itself. The characterisation of the subject matter of the proceedings — not merely the connection between the proceedings and the bankrupt's property — determines whether the bankrupt has standing to appear. Possession cases are distinguishable from enforcement proceedings under s 124 of the Environmental Planning and Assessment Act 1979.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.