Randall v Deputy Commissioner of Taxation [2008] FCA 1939

Randall v Deputy Commissioner of Taxation [2008] FCA 1939

The applicant, although a bankrupt, retains standing to seek judicial review of the decision terminating his employment because such a right is not property divisible among creditors under the Bankruptcy Act 1966 (Cth) and remains with the applicant; proceedings seeking reinstatement or review do not constitute property vesting in the trustee. Security for costs is not warranted based merely on impecuniosity.

Jurisdiction
Australia
Judgment Date
22 December 2008
Procedural Posture
Judicial Review Application / Interlocutory Application (dismissal or Stay)
Outcome
Interlocutory application dismissed; security for costs application dismissed
Legal Topics
['standing of Bankrupts' 'property of Bankrupts' 'security for Costs' 'judicial Review of Employment Decisions']
['administrative Law' 'bankruptcy Law' 'practice and Procedure'] ['standing of Bankrupts' 'property of Bankrupts' 'security for Costs' 'judicial Review of Employment Decisions']

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Procedural Posture

Judicial Review Application / Interlocutory Application (dismissal or Stay)

Legal Issues

  1. 1 ['Whether the applicant, as a bankrupt, has standing to bring judicial review proceedings' "Whether the applicant's proceeding constitutes 'property' within the meaning of the Bankruptcy Act 1966 (Cth)" "Whether the applicant's employment is 'property' divisible among creditors" 'Whether security for costs should be ordered against an impecunious natural person']

Ratio Decidendi

The applicant, although a bankrupt, retains standing to seek judicial review of the decision terminating his employment because such a right is not property divisible among creditors under the Bankruptcy Act 1966 (Cth) and remains with the applicant; proceedings seeking reinstatement or review do not constitute property vesting in the trustee. Security for costs is not warranted based merely on impecuniosity.

Court Disposition

Interlocutory application dismissed; security for costs application dismissed

Orders

  • ["The respondents' notice of motion filed on 21 October 2008 be dismissed"]