Appeal and Review-Bankruptcy-Creditor's standing to appeal a dismissal by

                the judge in bankruptcy 01 criminal charges against the bankrupt          

Bankruptcy-Criminal charges--Appeal by creditor 01 the judge's dismissal of
criminal charges against the creditor

A creditor is not, as such, a "person aggrieved" within the meaning of
section 88 (2) of the Bankruptcy Ordinance 1929 as regards an order dis-
missing criminal charges against the bankrupt under sections 60 and 69 of
the Ordinance and, therefore, a creditor cannot appeal such an order of dis-
missal.

Re Sidebotham (1880) 14 Ch.D. 458 quoted.
Bankruptcy Ordinance 1928, ss. 60, 69 and 88 (2).

Appeal

February 26, 1935. Owen C.J.: This is an appeal from an order
of the judge of the High Court dismissing two charges under section 60
and 69 of the Bankruptcy Ordinance against Matuo Sides, a bankrupt.
The· appeal is made by a creditor in the bankruptcy proceeding under
section 88 (2) of the Ordinance, which provides that any person ag-
grieved by an order made under certain other sections (including sec-
tions 60 and 69) may appeal to the Court of Appeal, and the first point
is whether or not the appellant is a "person aggrieved" within the
meaning of the section.

I am of the opinion he is not. In the words of James L.J. in
Re Sidebotham (1880) 14 Ch.D. 458, 465 "A ~'person aggrieved'
must be a man who has suffered a legal grievance, a man against
whom a decision has been pronounced which has wrongfully deprived -
him of something, or wrongfully refused him something, or wrongfully
affected his title to something." The judge's refusal to commit this
man to prison cannot adversely affect the appellant in his capacity
as creditor, though it may offend him as a member of the public.

The appeal therefore fails and must be dismissed with costs.

Appeal dismissed