Pelechowski, in the matter of Pelechowski v NSW Land & Housing Commission [2000] FCA 233

Pelechowski, in the matter of Pelechowski v NSW Land & Housing Commission [2000] FCA 233

The proceeding for unlawful termination was essentially about disruption of economic relations with the former employer and concerned contractual, statutory or quasi-contractual property rights. On the material before the Court there was no claim for damages for personal injury within s 60(4)(a) of the Bankruptcy Act 1966 (Cth). Although the trustee was deemed to have abandoned the action because no election was made within 28 days, the Court had power under s 33(1)(c) to extend time and did so conditionally upon the applicant filing and serving a Statement of Affairs that day.

Jurisdiction
Australia
Judgment Date
17 February 2000
Procedural Posture
Application to Review the Decision of a Judicial Registrar Concerning Relief Under the Workplace Relations Act 1996 (cth) in the Context of the Applicant's Bankruptcy / Directions on Whether the Proceeding Could Continue Despite Bankruptcy and Whether Time Should Be Extended for the Official Trustee to Elect to Prosecute the Action
Outcome
Time for the Official Trustee to make an election was extended for fourteen days conditionally upon the applicant filing and serving a Statement of Affairs that day; the matter was listed for further directions.
Legal Topics
["bankrupt's Right to Continue Proceedings" 'personal Injury Exception' 'unlawful Termination' 'trustee Election to Prosecute Action' 'extension of Time']
['bankruptcy' 'employment Law' 'industrial Relations'] ["bankrupt's Right to Continue Proceedings" 'personal Injury Exception' 'unlawful Termination' 'trustee Election to Prosecute Action' 'extension of Time']

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Procedural Posture

Application to Review the Decision of a Judicial Registrar Concerning Relief Under the Workplace Relations Act 1996 (cth) in the Context of the Applicant's Bankruptcy / Directions on Whether the Proceeding Could Continue Despite Bankruptcy and Whether Time Should Be Extended for the Official Trustee to Elect to Prosecute the Action

Legal Issues

  1. 1 ["Whether the applicant's proceeding under the Workplace Relations Act 1996 (Cth) included a claim for personal injury within s 60(4)(a) of the Bankruptcy Act 1966 (Cth)." 'Whether the applicant could continue the proceeding in his own name despite being made bankrupt.' 'Whether the Court should extend time for the Official Trustee to elect to prosecute the action after the 28 day period had expired.']

Ratio Decidendi

The proceeding for unlawful termination was essentially about disruption of economic relations with the former employer and concerned contractual, statutory or quasi-contractual property rights. On the material before the Court there was no claim for damages for personal injury within s 60(4)(a) of the Bankruptcy Act 1966 (Cth). Although the trustee was deemed to have abandoned the action because no election was made within 28 days, the Court had power under s 33(1)(c) to extend time and did so conditionally upon the applicant filing and serving a Statement of Affairs that day.

Court Disposition

Time for the Official Trustee to make an election was extended for fourteen days conditionally upon the applicant filing and serving a Statement of Affairs that day; the matter was listed for further directions.

Orders

  • ['The applicant file and serve upon the Official Trustee or its solicitor today the Statement of Affairs as required under the Act.' 'Conditionally upon compliance with that order, time is extended for the trustee to make his election for fourteen days from today.' 'The matter is to be listed for further directions...