Bell v Cribb

[2013] WASCA 159

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Bankruptcy
2. › Effect of bankruptcy on legal proceedings
3. › Vesting of property in trustee
4. › Standing to appeal judgment concerning property
5. › Whether bankrupt has right to institute appeal concerning property vested in trustee
6. › Bankruptcy Act 1966 (Cth), ss 58, 134(1)(j)
1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Failure to comply with court rules
5. › Failure to file appellant's case
6. › Dismissal of appeal
7. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(ii)

Quick Take

A bankrupt has no standing to institute or maintain an appeal concerning property that has vested in the Official Trustee in Bankruptcy under s 58 of the Bankruptcy Act 1966 (Cth); the right to appeal belongs to the Official Trustee under s 134(1)(j).