A single Judge of Appeal exercising power under s 46(1)(a) of the Supreme Court Act 1970 (NSW) to make consent orders has no jurisdiction to do so unless all parties have in fact consented. Where such orders are defective, the irregularity may be cured by the full bench re-making the orders after giving notice to affected parties. Where proceedings are brought against a bankrupt to enforce a security, leave under s 58(3) of the Bankruptcy Act is not strictly required by virtue of s 58(5), but it is prudent to obtain leave nunc pro tunc to put validity beyond argument where ancillary orders (such as costs) could give rise to provable debts.
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