The High Court dismissed proceedings brought by a discharged bankrupt who claimed that his bankruptcy adjudication and subsequent actions by the Official Assignee, solicitors, and others were fraudulent and unlawful. The plaintiff argued that he had already discharged the relevant debts and was wrongly adjudicated bankrupt, seeking damages and to restrain further bankruptcy actions. The court found that, on adjudication, all pre-bankruptcy claims vested in the Official Assignee and that the plaintiff no longer had legal standing to bring such claims. Additionally, the court concluded that the claims were an abuse of process, frivolous, unsustainable, and often constituted repeated attempts to relitigate matters already determined against the plaintiff in various courts. The court made an order restraining the plaintiff from initiating further proceedings against the defendants or re-litigating the bankruptcy unless prior permission is obtained from the President of the High Court, observing that further proceedings would only increase costs and prejudice both the estate and the plaintiff himself.
bankruptcy – standing – striking out proceedings – frivolous and vexatious claims – abuse of process – Official Assignee – legal costs – pre-adjudication claims – re-litigation – Rule 19 – Order 28 RSC – Isaac Wunder order – sale of family home – matrimonial proceedings – fraud allegations against solicitors – Bankruptcy Act 1988