Luck v Secretary of Services Australia [2022] FCAFC 195

Luck v Secretary of Services Australia [2022] FCAFC 195

Because the Official Trustee in Bankruptcy did not elect to continue the appeal within the time required by s 60(3) of the Bankruptcy Act 1966 (Cth), the appeal was deemed abandoned. Ms Luck's appeal and interlocutory applications do not fall within the exception in s 60(4), as they are not in respect of personal injury or wrong but concern judicial review. Therefore, the appeal must be summarily dismissed.

Parties
Applicant: Gaye Luck; First Respondent: Secretary of Services Australia; Second Respondent: Administrative Appeals Tribunal; Third Respondent: Stephanie Ann Forgie (as Deputy President of the AAT)
Jurisdiction
Australia
Judgment Date
05 December 2022
Procedural Posture
Appeal / Interlocutory/full Court Appeal (summary Dismissal of Appeal, Various Interlocutory Applications)
Outcome
Appeal summarily dismissed
Legal Topics
Effect of Bankruptcy on Pending Proceedings, Judicial Review, Access to Information Under FOI Act, Personal Injury or Wrong Under Bankruptcy Act, Summary Dismissal Procedures
Administrative Law Bankruptcy Human Rights Effect of Bankruptcy on Pending Proceedings Judicial Review Access to Information Under FOI Act Personal Injury or Wrong Under Bankruptcy Act Summary Dismissal Procedures

Case Brief

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Parties

Gaye Luck

Applicant

Secretary of Services Australia

First Respondent

Administrative Appeals Tribunal

Second Respondent

Stephanie Ann Forgie (as Deputy President of the AAT)

Third Respondent

Procedural Posture

Appeal / Interlocutory/full Court Appeal (summary Dismissal of Appeal, Various Interlocutory Applications)

Legal Issues

  1. 1 Whether proceedings commenced prior to sequestration become abandoned under s 60(3) Bankruptcy Act 1966 (Cth) if the trustee fails to elect to continue within 28 days
  2. 2 Whether Ms Luck's appeal was an 'action in respect of any personal injury or wrong' within s 60(4) Bankruptcy Act 1966 (Cth)
  3. 3 Whether the appeal and interlocutory applications should be summarily dismissed

Ratio Decidendi

Because the Official Trustee in Bankruptcy did not elect to continue the appeal within the time required by s 60(3) of the Bankruptcy Act 1966 (Cth), the appeal was deemed abandoned. Ms Luck's appeal and interlocutory applications do not fall within the exception in s 60(4), as they are not in respect of personal injury or wrong but concern judicial review. Therefore, the appeal must be summarily dismissed.

Court Disposition

Appeal summarily dismissed

Orders

  • The appeal is dismissed pursuant to s 25(2B) of the Federal Court of Australia Act 1976 (Cth)
  • All identified interlocutory applications by the applicant are dismissed