Greer v Mulcahy

The case of Greer v Mulcahy involved a dispute concerning the standing of the plaintiff to bring a claim in respect of property that was no longer vested in him but rather in his trustee in bankruptcy. The matter was heard in the Federal Court of Australia. The plaintiff, who had been declared bankrupt, sought to challenge the transfer of property to the defendant. The legal issue before the court was whether the plaintiff had the necessary standing to bring such a claim after the property had been vested in the trustee in bankruptcy.

The court considered whether the plaintiff's claim could proceed despite the property being in the hands of the trustee. It was determined that the plaintiff's standing to bring the claim was contingent on the property being vested in him at the time of the action. Since the property had been transferred to the trustee in bankruptcy, the plaintiff did not have the requisite standing to maintain the action. The court found that the plaintiff's claim was therefore without standing and was likely to be futile. Consequently, the court dismissed the plaintiff's action.

In light of the court's decision, the plaintiff's application to amend the summons was also considered. The court held that given the lack of standing, any amendment to the summons would be futile and therefore declined to grant the application for amendment. The final orders of the court reflected the dismissal of the plaintiff's action and the refusal to amend the summons.