Griffiths, R.F. v. Civil Aviation Authority [1994] FCA 938

Griffiths, R.F. v. Civil Aviation Authority [1994] FCA 938

Because the appeal was instituted after the sequestration of Mr Griffiths's property, any right of appeal had vested in the trustee in bankruptcy and the appeal was therefore incompetent under the governing legal principles established by the Full Court in Fuller v Beach Petroleum NL & Anor.

Parties
Applicant: Roy Frederick Griffiths; Respondent: Civil Aviation Authority
Jurisdiction
Australia
Judgment Date
02 December 1994
Procedural Posture
Appeal / Judgment on Motion to Dismiss Appeal
Outcome
appeal dismissed as incompetent
Legal Topics
Statutory Right of Appeal, Sequestration of Property, Vested Rights in Bankruptcy, Licensing Restrictions
Bankruptcy Law Administrative Law Statutory Right of Appeal Sequestration of Property Vested Rights in Bankruptcy Licensing Restrictions

Case Brief

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Parties

Roy Frederick Griffiths

Applicant

Civil Aviation Authority

Respondent

Procedural Posture

Appeal / Judgment on Motion to Dismiss Appeal

Legal Issues

  1. 1 Whether a statutory right of appeal is property which vests in a trustee upon sequestration under the Bankruptcy Act 1966
  2. 2 Whether the appeal was competent when instituted after sequestration

Ratio Decidendi

Because the appeal was instituted after the sequestration of Mr Griffiths's property, any right of appeal had vested in the trustee in bankruptcy and the appeal was therefore incompetent under the governing legal principles established by the Full Court in Fuller v Beach Petroleum NL & Anor.

Court Disposition

appeal dismissed as incompetent

Orders

  • The appeal be dismissed as incompetent.
  • The appellant pay the respondent's costs of the motion and of the appeal to be taxed.