High Court dismisses the majority of the plaintiff's claims against the bank defendants and the Official Assignee, affirming the Official Assignee's right to sell property belonging to the plaintiff's bankrupt spouse, the plaintiff's allegations that the bank defendants and the Official Assignee breached the Family Home Protection Act and the Constitution being found to be without merit, as the relevant issues had been previously adjudicated; but the court does not dismiss the plaintiff's claim regarding the alleged improper conduct by the receiver during the arrest of the plaintiff's spouse, directing the plaintiff to deliver an amended Statement of Claim to properly plead this remaining claim.
Official Assignee - Bankruptcy - Family Home Protection Act - Bank Defendants - Receiver - Arrest - Property Rights - Bankrupt's Assets - High Court - Court of Appeal - Summary Judgment - Mortgage - Land Registration - Abuse of Process - Res Judicata (the matter has already been judged) - Inherent Jurisdiction - Section 61 Bankruptcy Act 1988 - Amended Statement of Claim