Piepkorn v Minister of Employment & Training [2004] FCA 1157

Piepkorn v Minister of Employment & Training [2004] FCA 1157

The applicant was an undischarged bankrupt, and any cause of action arising out of her employment contract vested and remained vested in her trustee in bankruptcy. There was no evidence that the trustee had assigned the claim to her. The proceeding was therefore incompetent and had to be dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 August 2004
Procedural Posture
Application Concerning Alleged Breach of Employment Contract and Alleged Statutory Duties Arising From Employment / Hearing on Whether the Proceeding Should Be Dismissed as Incompetent, or as Disclosing No Reasonable Cause of Action and Being Frivolous and Vexatious
Outcome
Application dismissed with costs.
Legal Topics
["undischarged Bankrupt's Standing to Litigate" 'vesting of Choses in Action in Bankruptcy Trustee' 'dismissal for No Reasonable Cause of Action' 'frivolous and Vexatious Proceedings' 'alleged Breach of Employment Contract']
['bankruptcy' 'employment Law' 'civil Procedure'] ["undischarged Bankrupt's Standing to Litigate" 'vesting of Choses in Action in Bankruptcy Trustee' 'dismissal for No Reasonable Cause of Action' 'frivolous and Vexatious Proceedings' 'alleged Breach of Employment Contract']

Source-derived case record

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Procedural Posture

Application Concerning Alleged Breach of Employment Contract and Alleged Statutory Duties Arising From Employment / Hearing on Whether the Proceeding Should Be Dismissed as Incompetent, or as Disclosing No Reasonable Cause of Action and Being Frivolous and Vexatious

Legal Issues

  1. 1 ['Whether Ms Piepkorn, as an undischarged bankrupt, was competent to institute proceedings concerning an alleged employment contract cause of action.' 'Whether the application disclosed a reasonable cause of action against the respondents.' 'Whether the proceeding was frivolous and vexatious under O 20 r 2(1) of the Federal Court Rules.']

Ratio Decidendi

The applicant was an undischarged bankrupt, and any cause of action arising out of her employment contract vested and remained vested in her trustee in bankruptcy. There was no evidence that the trustee had assigned the claim to her. The proceeding was therefore incompetent and had to be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant pay the respondent's costs of the application."]