An appeal against a costs order does not fall within the 'personal injury or wrong done to the bankrupt' exception in s 60(4)(a) of the Bankruptcy Act 1966 (Cth). Where a trustee in bankruptcy fails to elect to prosecute or discontinue an appeal within 28 days of being notified, the appeal is deemed abandoned under s 60(3), and the court may give effect to the deemed abandonment by formally dismissing the appeal with liberty to apply to set aside the dismissal if the sequestration order is set aside.
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