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End of the road for Barry Hart appeals

The Supreme Court has upheld a ruling declaring struck-off barrister Barry Hart bankrupt.

Mr Hart applied to the top court late last year for leave to appeal against a Court of Appeal judgment, striking out his appeal against an order adjudicating him bankrupt.

Chief Justice Dame Sian Elias and Justices Susan Glazebrook and John McGrath have dismissed the application for leave, saying they do not believe an error or substantial miscarriage of justice occurred in the lower court’s decision to strike out the appeal.

The three judges also said there was no apparent bias by Justice Rhys Harrison in striking out Mr Hart's appeal.

“The matter was addressed firmly and expeditiously at the Court of Appeal, but also fairly.”

Mr Hart was made bankrupt in December on the application of the ANZ, owed $34,000.

The Supreme Court’s decision follows a one from the Court of Appeal last week, ruling his appeals against ANZ’s mortgagee sale process of his rural properties were over.

ANZ is now free to settle the final mortgage sale from Mr Hart's rural property portfolio – the home where he lives in Waimauku.

Mr Hart was struck off last year after a lawyers' disciplinary tribunal found him guilty of professional misconduct by grossly overcharging some of his clients.

gbond@nbr.co.nz

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