Brown, Re W.T. Taylor, Ex Parte A.R. & Anor [1988] FCA 380

Brown, Re W.T. Taylor, Ex Parte A.R. & Anor [1988] FCA 380

Arbitration proceedings commenced before bankruptcy are not 'actions' for the purposes of s.60(2) and s.60(3) of the Bankruptcy Act 1966, and are unaffected by those provisions. The statutory context and history indicate 'action' refers to court proceedings.

Parties
Bankrupt: Warren Thomas Brown; Applicant: Alan Richard Taylor; Respondent: Queensland Electricity Commission
Jurisdiction
Australia
Judgment Date
07 June 1988
Procedural Posture
Bankruptcy Application / Application for Declaration/ex Tempore Judgment
Outcome
Declaration made, application otherwise dismissed, no cost order
Legal Topics
Meaning of 'action' Under S.60(2) Bankruptcy Act, Effect of Bankruptcy on Arbitration Proceedings
Bankruptcy Meaning of 'action' Under S.60(2) Bankruptcy Act Effect of Bankruptcy on Arbitration Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Warren Thomas Brown

Bankrupt

Alan Richard Taylor

Applicant

Queensland Electricity Commission

Respondent

Procedural Posture

Bankruptcy Application / Application for Declaration/ex Tempore Judgment

Legal Issues

  1. 1 Whether arbitration proceedings constitute an 'action' for the purposes of s.60(2) and s.60(3) of the Bankruptcy Act 1966
  2. 2 Whether the trustee was required to elect to prosecute or discontinue the arbitration

Ratio Decidendi

Arbitration proceedings commenced before bankruptcy are not 'actions' for the purposes of s.60(2) and s.60(3) of the Bankruptcy Act 1966, and are unaffected by those provisions. The statutory context and history indicate 'action' refers to court proceedings.

Court Disposition

Declaration made, application otherwise dismissed, no cost order

Orders

  • It is declared that the arbitration by the firm of W.T. Brown against Queensland Electricity Commission relating to work at the Tarong Power Station is unaffected by s.60(2) and s.60(3) Bankruptcy Act 1966.
  • The application is otherwise dismissed.