Jacks v Jakimowicz

[2011] VSCA 312

Victorian Court of Appeal

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Interrogate

Catchwords

1. Bankruptcy
2. › Property of the bankrupt
3. › Property divisible among creditors
4. › Protected money
5. › Exempt money
6. › Whether bankrupt may commence proceedings after bankruptcy in relation to property not divisible among creditors
7. › Bankruptcy Act 1966 (Cth), ss 5, 58, 60, 116
1. Practice and Procedure
2. › Leave to appeal
3. › Application for leave to appeal from interlocutory order
4. › Whether decision attended with doubt
5. › Whether substantial injustice if decision left unreversed
1. Practice and Procedure
2. › Security for costs
3. › Special circumstances
4. › Whether order would stifle reasonably arguable claim
5. › Impecuniosity of appellant

Quick Take

Section 60(4) of the Bankruptcy Act 1966 (Cth) relates only to the continuing of actions commenced before bankruptcy; there is no provision in the Act preventing a bankrupt from commencing proceedings after bankruptcy in relation to property that does not vest in the trustee. Property acquired with proceeds from personal injury compensation (protected/exempt money under ss 116(2)(g), (n), (2D) and (3)) is at least arguably not 'property divisible among the bankrupt's creditors' and thus not 'the property of the bankrupt' within the meaning of s 58(1).