Schiffer v Pattison [2001] FCA 1094

The appeal was dismissed because no error of law was shown. The Tribunal adequately identified the trustee's decision to file the first notice of objection as the decision under review, was not required in the circumstances to advise further about assessment review rights or about an adjournment, and gave the applicant a reasonable opportunity to present his case. The AMP shares evidence was relevant to the first notice of objection and did not mean the Tribunal determined the second notice of objection. On the material before it, the Tribunal was entitled to accept that the applicant had failed to pay an amount liable under s 139ZG and had failed to provide required income and property...

Jurisdiction: Australia
Judgment Date: 10 August 2001
Procedural Posture: Appeal Under S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth) From a Decision of the Administrative Appeals Tribunal Affirming a Trustee's Decision to File a Notice of Objection to Discharge From Bankruptcy / Federal Court Judgment on Appeal
Outcome: Application dismissed with costs.
Legal Topics: ['procedural Fairness Before the Administrative Appeals Tribunal' 'litigant in Person' 'notice of Objection to Discharge From Bankruptcy' "review of Trustee's Decision" 'relevance of Evidence Not Relied on by Primary Decision Maker' 'oral Reasons for Decision Under S 43(2) of the Administrative Appeals Tribunal Act 1975 (cth)' 'appeal on a Question of Law Under S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth)']

['administrative Law' 'bankruptcy'] ['procedural Fairness Before the Administrative Appeals Tribunal' 'litigant in Person' 'notice of Objection to Discharge From Bankruptcy' "review of Trustee's Decision" 'relevance of Evidence Not Relied on by Primary Decision Maker' 'oral Reasons for Decision Under S 43(2) of the Administrative Appeals Tribunal Act 1975 (cth)' 'appeal on a Question of Law Under S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth)']

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Procedural Posture

Appeal Under S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth) From a Decision of the Administrative Appeals Tribunal Affirming a Trustee's Decision to File a Notice of Objection to Discharge From Bankruptcy / Federal Court Judgment on Appeal

Legal Issues

1 ['Whether the Tribunal failed to afford procedural fairness to the applicant as a litigant in person.' 'Whether the Tribunal failed to identify adequately the decision under review or to advise the applicant about separate review rights concerning the contribution assessment.' 'Whether the Tribunal was required to adjourn the hearing or advise the applicant of a right to seek an adjournment after evidence concerning AMP shares was introduced.' 'Whether the Tribunal took into account irrelevant considerations by considering evidence concerning AMP shares that also related to a second notice of objection.' 'Whether the Tribunal effectively heard and determined the second notice of objection without jurisdiction.' "Whether the Tribunal failed to discharge its statutory task by not determining the adequacy of the first notice of objection and the evidentiary basis for the trustee's grounds and reasons."]

Ratio Decidendi

Court Disposition

Application dismissed with costs.

Orders

['The application be dismissed.' "The applicant pay the respondent's costs of the application, including reserved costs." "By consent, the applicant pay the respondent's costs of the motion, notice of which was dated 15 October 1999."]