Luck v University of Southern Queensland [2016] FCAFC 167

Luck v University of Southern Queensland [2016] FCAFC 167

Ms Luck was not entitled to an adjournment as she had ample time to prepare, failed to provide sufficient or persuasive evidence for an adjournment, and her asserted counter-claim or set-off did not exist at law. Any success in her separate High Court applications could not disturb the judgment debt founding the bankruptcy notice. There was no denial of natural justice, nor error in the primary judge's reasoning or orders.

Parties
Appellant: Gaye Luck; First Respondent: University of Southern Queensland; Second Respondent: Chief Executive Officer of University of Southern Queensland
Jurisdiction
Australia
Judgment Date
05 December 2016
Procedural Posture
Appeal / Full Court Appellate Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Adjournment Applications, Bankruptcy Notices, Stay Applications, Natural Justice
Practice and Procedure Bankruptcy Adjournment Applications Bankruptcy Notices Stay Applications Natural Justice

Case Brief

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Parties

Gaye Luck

Appellant

University of Southern Queensland

First Respondent

Chief Executive Officer of University of Southern Queensland

Second Respondent

Procedural Posture

Appeal / Full Court Appellate Judgment

Legal Issues

  1. 1 Whether the appellant was entitled to an adjournment of the Full Court hearing
  2. 2 Whether the primary judge erred in failing to stay or adjourn the bankruptcy application pending High Court special leave application
  3. 3 Whether there was a denial of natural justice to the appellant

Ratio Decidendi

Ms Luck was not entitled to an adjournment as she had ample time to prepare, failed to provide sufficient or persuasive evidence for an adjournment, and her asserted counter-claim or set-off did not exist at law. Any success in her separate High Court applications could not disturb the judgment debt founding the bankruptcy notice. There was no denial of natural justice, nor error in the primary judge's reasoning or orders.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed with costs.