Di Iorio v Wagener

[2016] QCA 97

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Time, Extension, and Abridgment
3. › Extension of time to seek leave to appeal
4. › Whether adequate explanation for delay
5. › Whether interests of justice favour extension
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal from QCAT appeal division
4. › Whether error of law identified
5. › Whether appeal necessary to correct substantial injustice
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150(1), (2)
1. Bankruptcy
2. › Effect of bankruptcy on proceedings
3. › Vesting of chose in action in trustee
4. › Whether right to appeal vested in trustee
5. › Bankruptcy Act 1966 (Cth), ss 58, 60, 116
1. Practice and Procedure
2. › Injunctions
3. › Interlocutory injunction
4. › Whether injunction should be granted to restrain trustee in bankruptcy from selling property
5. › Whether undertaking as to damages available from undischarged bankrupt

Quick Take

An undischarged bankrupt's rights in respect of tribunal proceedings vest in the trustee under ss 58 and 116(1) of the Bankruptcy Act 1966 (Cth), and proceedings on foot at the date of bankruptcy are stayed and abandoned under s 60(2) and (3) unless the trustee elects to prosecute them. Pursuit of other proceedings does not constitute an adequate explanation for delay in seeking leave to appeal.