Melsom, Peter Michael & Anor v Deputy President Forrest, B M & Ors [1996] FCA 379

CATCHWORDS ADMINISTRATIVE LAW - judicial review - refusal of application to join trustees in proceeding before Administrative Appeals Tribunal to review decision of Inspector‑General refusing requests to review decision of trustees to file notices of objection to discharge from bankruptcy - whether refusal of joinder unreasonable - whether refusal founded on failure to consider relevant considerations - whether refusal involved error of law in failure to evaluate relevant factors Administrative Appeals Tribunal Act, s30(1A), s30(1)(b), s44(2), Administrative Decisions (Judicial Review) Act 1977, s5, s10(2) Bankruptcy Act, s11, s12, s51, s149D, s149K, s149P, S149Q Rules of the Federal Court of Australia, O20 r1, O45 r7 Associated Provincial Picture Houses Ltd v Wednesbury Corp [1948] 1 KB 223 Bromley London Borough City Council v Greater London Council [1983] 1 AC 768 Re C v Collector of Customs (NSW) (1983) 5 ALN N222 Re City of Doncaster and Templestowe and the Minister for Community Services (1987) 6 AAR 105 Re Marine World (Victoria) Ltd v Minister for Arts, Heritage and the Environment (1986) 10 ALD 262 Re Sew Eurodrive Pty Ltd v Collector of Customs (1994) 20 AAR 376 Turner v Minister for Immigration (1981) 35 ALR 388 PETER MICHAEL MELSOM and STANLEY FREDERICK ROBSON v DEPUTY PRESIDENT B M FORREST and MARIE SPINELLY and JACQUES SPINELLY NO WAG 120 OF 1995 R D NICHOLSON J PERTH 23 MAY 1996

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) GENERAL DIVISION ) NO WAG 120 OF 1995 B E T W E E N: PETER MICHAEL MELSOM and STANLEY FREDERICK ROBSON Applicants and DEPUTY PRESIDENT B M FORREST First Respondent and MARIE SPINELLY and JACQUES SPINELLY Second Respondents MINUTE OF ORDER JUDGE MAKING ORDER: R D NICHOLSON J DATE OF ORDER: 23 MAY 1996 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. The application dated 24 October 1995 for an order of review be dismissed. 2. The Notice of Objection to Competency and the Notice of Motion each dated 8 November 1995 and filed on behalf of the second respondents be dismissed by consent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.