New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Bankruptcy


  1. 28/08/2015
    Bankruptcy: solicitors sent bill of costs to former clients; joint debtors; solicitors applied for assessment of costs; costs assessor issued certificate of determination of costs; solicitors filed in court copy of certificate to effect entry for purposes of s 208J(3), Legal Profession Act 1987 (NSW) and s 133(3), Civil Procedure Act 2005 (NSW); one former client bankrupted between date certificate issued but before certificate filed; court entered judgment against former clients for amount of costs determined on certificate; whether filing certificate commenced any legal proceeding or was a fresh step in such a proceeding and not competent except with leave; s 58(3)(b), Bankruptcy Act 1966 (Cth); whether certificate enforceable against joint debtor not bankrupt
    Coshott v Barry  [2015] NSWCA 257
  2. 04/07/2013
    Bankruptcy: effect of bankruptcy on property; effect on trust property; effect on power of appointment
    Lewis v Condon; Condon v Lewis  [2013] NSWCA 204
  3. 27/09/2012
    Bankruptcy: Election by trustee in bankruptcy to prosecute or discontinue legal proceedings; new trustee appointed after service of notice of proceedings on initial trustee; evidence that new trustee did not personally have notice of proceedings; what constitutes notice of proceedings; whether period within which election must be made commences with service on new trustee; whether service on trustee's solicitor constitutes service on trustee; service must bring the documents to the notice of the trustee; Bankruptcy Act 1966 (Cth), s 60
    Liristis v Gadelrabb  [2012] NSWCA 327
  4. 14/05/2012
    Bankruptcy: Summons seeking leave to appeal; Bankrupt applicant; Effect of bankruptcy on proceedings; Proceedings commenced by bankrupt before sequestration; "Action" stayed until trustee makes election; summons seeking leave to appeal is not "property" within meaning of s 58; summons seeking leave to appeal is an "action" within the meaning of s 60; Bankruptcy Act 1966 (Cth), ss 58 and 60
    Sarkis v Moussa  [2012] NSWCA 136
  5. 20/04/2012
    Bankruptcy: Mortgagee's rights; how far permitted to deal with his or her security; rights extend to claim for possession.
    Hanshaw v National Australia Bank Ltd  [2012] NSWCA 100
  6. 02/11/2011Singapore
    Bankruptcy: appellant, an undischarged bankrupt, inherited monies held in a social security savings fund (CPF); CPF notified appellant and Official Assignee (OA) that monies would be transferred to OA; OA had no record of receiving notification; appellant subsequently discharged in bankruptcy; OA became aware of monies; CPF transferred monies to OA; whether the entitlement to the monies, being a chose in action, amounted to "property" within the meaning of s 78(1) of the Bankruptcy Act ; whether, as a result of the appellant’s discharge from bankruptcy, the entitlement revested in the appellant; commentary on Australian and United Kingdom authorities
    Lim Lye Hiang v Official Assignee  [2011] SGCA 56
  7. 30/09/2011
    Bankruptcy: provable debts; bankrupt entered into a deed for payment of $100,000 to settle a District Court action in which he was a third party; deed entered into for relationship’s sake not because of pre-existing liability; only paid $20,000; primary judge ordered appellant to pay $80,000 plus interest and costs; whether debt was a provable debt in the appellant’s bankruptcy; bankruptcy later annulled due to composition; whether the primary judge misapplied the law as to the effect of annulment of a bankruptcy; operation of the Contracts Review Act; whether primary judge incorrectly exercised his discretion by enforcing the deed
    MacDonald v Raupach  [2011] NSWCA 320
  8. 28/07/2011
    Bankruptcy: Bankruptcy notice; validity; whether post-judgment interest included in a bankruptcy notice can be a component of the prescribed statutory minimum for which a bankruptcy notice can be issued; consideration of the meaning of "final judgment" and "final order"
    Autron Pty Ltd v Benk  [2011] FCAFC 93
  9. 27/07/2011United Kingdom
    Bankruptcy: Bankruptcy; fraud; anti-deprivation rule; pari passu principle; scope of the anti-deprivation rule; validity of anti-deprivation provisions for alteration of priority in insolvency; whether the second appellant’s loss of priority in respect of future estimated credit losses is invalidated by the anti-deprivation rule; relevance of commercial sense; relevance of good faith and absence of intention to evade insolvency laws; discussion of International Air Transport Association v Ansett Australia Holdings Ltd [2008] HCA 3
    Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd & Anor  [2011] UKSC 38
  10. 28/05/2010
    Bankruptcy: whether magistrate erred in summarily determining the trustee’s application as related to the real property, the Heads of Agreement, the horse and the land cruiser in question, and whether in doing so, there was a denial of procedural fairness; whether magistrate erred in law by making declarations and orders as to the Heads of Agreement; whether real property, horse and land cruiser part of the bankrupt’s property
    George v Fletcher (Trustee)  [2010] FCAFC 53