Equitable chargees seeking to enforce their security over property of a bankrupt may commence proceedings for orders for sale and possession without obtaining leave under s 58(3)(b) of the Bankruptcy Act, even where the existence of the charge is disputed.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
4 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.