Riva NSW Pty Limited v Official Trustee in Bankruptcy [2019] NSWCA 186 (31 July 2019) (Bell P at [1]; Emmett AJA at [2])


Catchwords:


LEAVE TO APPEAL – whether the issues raised in the applicant’s statement of claim amounted to a re-litigation of issues dealt with in the earlier proceedings – whether the applicant’s allegation that the Official Trustee had acted in fraudulent disregard of its duty as trustee had no prospects of success – applicant’s failure to identify property said to be subject of the constructive trust binding the Official Trustee.