Samootin v Shea

[2010] NSWCA 371

NSW Court of Appeal

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Interrogate

Catchwords

1. Bankruptcy
2. › Administration of property
3. › Effect of bankruptcy on antecedent transactions
4. › Vesting of property in Official Trustee
5. › Whether equitable interest in real property vests in Official Trustee
6. › Whether right to appeal vests in Official Trustee where appeal relates to property vested in trustee
7. › Bankruptcy Act 1966 (Cth), ss 5, 58(1)
1. Bankruptcy
2. › Administration of property
3. › Effect of bankruptcy on right to bring action
4. › Whether bankrupt has standing to bring proceedings to protect property vested in Official Trustee
5. › Whether judgment debt provable in bankruptcy deprives bankrupt of standing to appeal
6. › Bankruptcy Act 1966 (Cth), ss 60(2), 60(4), 116(2)(g)
1. Bankruptcy
2. › Discharge of bankrupt
3. › Effect of discharge
4. › Whether discharge causes property vested in Official Trustee to revert to bankrupt
5. › Bankruptcy Act 1966 (Cth), ss 149, 152, 153
1. Bankruptcy
2. › Personal injury or wrong done to bankrupt
3. › Whether claim for pain and suffering arising from loss of property is personal injury exempt from vesting
4. › Test of whether damages estimated by immediate reference to pain felt without reference to rights of property
5. › Bankruptcy Act 1966 (Cth), ss 60(4), 116(2)(g)

Quick Take

A bankrupt's equitable interest in property, choses in action (including rights to sue for loss of property), and rights of appeal relating to vested property all vest in the Official Trustee under s 58(1) of the Bankruptcy Act 1966 (Cth). Discharge from bankruptcy does not cause vested property to revert to the bankrupt. A claim for 'pain and suffering' arising from loss of property through another's wrongful action is not a personal injury claim exempt from vesting under s 116(2)(g). A bankrupt whose trustee declines to act may apply to the Federal Court under s 178 for an order requiring the trustee to act.