Catchwords:

APPEAL – leave to appeal – power of appellate court to remit a matter for rehearing – where appellant’s legal representative before primary judge had conflict of interest – whether denial of procedural fairness – whether that denial deprived appellant of the possibility of a successful outcome – implied power of the Court to ensure proper administration of justice – appeal allowed – matter remitted for rehearing

LEGAL PRACTITIONERS – application to annul bankruptcy – appellant’s legal representative before primary judge had conflict of interest – consideration of health issues and breakdown of solicitor-client relationship – legal representative largest creditor in appellant’s bankrupt estate – implied jurisdiction of a court to restrain solicitors

PRACTICE AND PROCEDURE – leave to rely on new evidence on appeal – new evidence of process and circumstances before primary judge – new evidence admitted by consent – evidence admitted subject to relevance – leave to rely on new evidence refused