NSW Caselaw
New South Wales Court of Appeal
CITATION: BAKER v SHERIDAN & ANOR [2005] NSWCA 408
HEARING DATE(S): 14 November 2005
JUDGMENT DATE: 23 November 2005
JUDGMENT OF: Mason P at 1
DECISION: See pars 68-72 of judgment.
CATCHWORDS: BANKRUPTCY – motion for substitution of appellant – where claimant is assignee of bankrupt appellant's rights in proceedings – whether trustee's right to prosecute an appeal is unassignable – where the appeal relates to a claim for money or property by the bankrupt that would be vested in the trustee – election by trustee to prosecute or discontinue appeal – where communication of assignment of right to appeal is tantamount to an election – no discontinuance or abandonment – inability of assignee to pay costs – security for costs – inability of assignee to provide security – whether special circumstances exist. (D)
Bankruptcy Act 1966 (Cth) s60 LEGISLATION CITED: Supreme Court Rules, Pt 51 r9(2) and (3)
Baker v Sheridan [2005] NSWSC 89 Baker v Sheridan (No 2) [2005] NSWSC 121 Brien v P & E Phontos Pty Ltd [1999] FCA 1072, 91 FCR 209 Crotty v Anderson (1896) 22 VLR 120 CASES CITED: Cummings v Clairmont Petroleum NL (1996) 185 CLR 124 Norman v Federal Commissioner of Taxation (1963) 109 CLR 9 Re Lofthouse [2001] FCA 25, 107 FCR 151 Winnote Pty Ltd v Page [2005] NSWCA 362
Dawn Marie BAKER PARTIES: Paul SHERIDAN & Anor Cathy ALEXANDER (Claimant)
FILE NUMBER(S): CA 40511/2005
Claimant: S G Campbell SC/ C Taylor COUNSEL: First Respondent: G Curtin Second Respondent: T G R Parker SC
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate