Pan v Macarthur Central Shopping Centre Pty Ltd

[2022] QCA 150

Queensland Court of Appeal

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Interrogate

Catchwords

1. Bankruptcy
2. › Effect of sequestration order
3. › Divesting of property and rights
4. › Right to appeal judgment founding bankruptcy
5. › Whether bankrupt has standing to appeal
6. › Whether right to appeal vests in Official Trustee
1. Appeal
2. › Standing to appeal
3. › Bankrupt appellant
4. › Whether sequestration order divests bankrupt of standing to appeal judgment debt
5. › Whether notice of appeal should be set aside

Quick Take

A bankrupt against whose estate a sequestration order has been made has no standing to appeal a judgment that constitutes a provable debt in the bankruptcy; the right to appeal vests in the Official Trustee. However, the bankrupt may seek to overturn the sequestration order, apply under r 90-15 of the Insolvency Practice Schedule (Bankruptcy) for an order requiring the Official Trustee to bring the appeal, or challenge the Official Trustee's acceptance of the debt.