A bankrupt whose trustees have elected not to prosecute an appeal lacks standing to maintain the proceedings, and the proceedings are an abuse of process. On a s 46(4) review, the applicant bears a heavy burden to show error of principle or that the decision was plainly wrong. A wrong or perverse finding of fact by a magistrate does not constitute an error of law for the purposes of appeal under s 40(1) of the Local Court Act 2007 (NSW).
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