In Ritson v Ryan [2024] QSC 76, the Supreme Court at Brisbane addressed a complex matter involving bankruptcy law, judicial review, and procedural fairness. Brendan Ritson, the applicant, sought judicial review to overturn decisions made by QCAT and to have his case reconsidered, claiming he was entitled due to procedural fairness and his standing despite bankruptcy. The pivotal legal questions included whether Ritson, as a bankrupt individual, possessed the standing to initiate a judicial review application, and if the subject debt was property vested in the trustee under bankruptcy provisions. Crowley J dismissed Ritson's application for judicial review, concluding that as a bankrupt, Ritson lacked the standing to pursue the application. This decision was grounded on the interpretation of bankruptcy law, specifically that judicial review proceedings and the debt in question were considered property vested in the trustee in bankruptcy, and therefore, Ritson was not entitled to proceed with the application. Additionally, the court found that the suspension of the sequestration order did not extend to allowing Ritson to pursue the judicial review application.
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