27 Oct 2017
Because the applications were personal to the deceased applicant, no representative or party asserted a right to continue them, s47 of the Care of Children Act 2004 does not apply to appeals, and the Court may dispose of matters under r 5(4) to promote the ends of justice, the proper course was to deem both the extension of time and leave to appeal applications abandoned.
11 May 2012
The appeal was dismissed because the appellant had not taken any steps to prosecute the appeal and, in light of the appellant's death, the proceedings were unlikely to proceed; dismissal was appropriate under s161(3)(b) of the Accident Compensation Act 2001.
2 Jul 2008
The Court has no jurisdiction to determine a bankrupt's application for discharge after the bankrupt's death because the entitlement to discharge is personal to the bankrupt and cannot be pursued posthumously; s137 authorises continuation of administration of the estate but does not extend to deciding personal relief that requires the bankrupt's living participation. Even if jurisdiction existed, the application would have been refused as futile or unjust in the particular circumstances.