Lee v The State of Western Australia

The appeals were brought by Jeffrey Stewart Lee, a bankrupt, against several respondents, including the State of Western Australia. The appellant challenged orders made in two primary proceedings that had been dismissed or stayed on the basis of his bankruptcy. The central issue was whether the proceedings were in respect of any personal injury or wrong done to the bankrupt within the meaning of s 60(4) of the Bankruptcy Act 1966 (Cth). The appeals were dismissed as incompetent. The competency of each appeal depended on whether, contrary to the primary judge's determination, the proceedings were each an action in respect of any personal injury or wrong done to the bankrupt. To the extent that the primary judge was correct the appeals were incompetent and had to be dismissed. The Court found that the primary judge was correct in his conclusions. The appeals were incompetent and had to be dismissed. The appeals were, in any event, without merit. The lack of merit in the grounds of appeal meant that the appeals could not succeed.