The Trustee in Bankruptcy brought a motion to quash an appeal filed by the bankrupt's former spouse.
The former spouse had appealed an order made by a Master, arguing the Master acted in her capacity as a Superior Court Master rather than a Registrar in Bankruptcy, which would give the Divisional Court jurisdiction.
The Divisional Court found that the Master was acting in her capacity as a Registrar in Bankruptcy when she dismissed the motion to vary.
Consequently, the Divisional Court lacked jurisdiction to hear the appeal, as appeals from a Registrar in Bankruptcy must be brought before a single judge on the Commercial List.
The motion to quash the appeal was granted.
