Clark, Timothy Marcus v Wood, Alexander Jamie (In his Capacity as Deputy District Registrar of the Federal Court of Australia) & Anor [1997] FCA 999

Clark, Timothy Marcus v Wood, Alexander Jamie (In his Capacity as Deputy District Registrar of the Federal Court of Australia) & Anor [1997] FCA 999

A ruling by a Registrar under s 81(10) of the Bankruptcy Act 1966 to allow a question in a bankruptcy examination is a reviewable decision under the AD(JR) Act, but relief will ordinarily only be granted if the question was asked for an improper purpose, was oppressive or vexatious, or causes unwarranted harm. As none of these factors were present, relief was not appropriate even though the question should not have been allowed.

Parties
Applicant: Timothy Marcus Clark; First Respondent: Alexander Jamie Wood (in his capacity as Deputy District Registrar of the Federal Court of Australia); Second Respondent: Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
19 September 1997
Procedural Posture
Application for Judicial Review / Judgment on Application for Review
Outcome
Application dismissed
Legal Topics
Reviewable Decisions, Examination of Bankrupts, Judicial Discretion in Granting Relief
Bankruptcy Administrative Law Reviewable Decisions Examination of Bankrupts Judicial Discretion in Granting Relief

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Parties

Timothy Marcus Clark

Applicant

Alexander Jamie Wood (in his capacity as Deputy District Registrar of the Federal Court of Australia)

First Respondent

Official Trustee in Bankruptcy

Second Respondent

Procedural Posture

Application for Judicial Review / Judgment on Application for Review

Legal Issues

  1. 1 Whether a ruling under s 81(10) of the Bankruptcy Act 1966 is reviewable under the Administrative Decisions (Judicial Review) Act 1977
  2. 2 In what circumstances relief will be granted for an improper question allowed during a bankruptcy examination

Ratio Decidendi

A ruling by a Registrar under s 81(10) of the Bankruptcy Act 1966 to allow a question in a bankruptcy examination is a reviewable decision under the AD(JR) Act, but relief will ordinarily only be granted if the question was asked for an improper purpose, was oppressive or vexatious, or causes unwarranted harm. As none of these factors were present, relief was not appropriate even though the question should not have been allowed.

Court Disposition

Application dismissed

Orders

  • The application for review be dismissed.