Garrett v GEL Custodians [2012] NSWCA 197

An undischarged bankrupt sought leave to appeal from a decision of the Supreme Court because he was denied a jury trial in the possession list.

The court found that the effect of the Bankruptcy Act is that the property of the bankrupt vests in the trustee and as such the bankrupt has no standing in relation to the actions of its secured creditor. The application for leave to appeal was dismissed.

Click here to read the full judgment

Scroll to Top