Storry v Chief Executive, Department of Justice and Attorney-General

The case of Storry v Chief Executive, Department of Justice and Attorney-General involved a dispute between the applicant, Ms Storry, and the Chief Executive of the Department of Justice and Attorney-General, concerning the summary dismissal of a proceeding in the Queensland Civil and Administrative Tribunal (QCAT). The proceeding was a disciplinary matter involving real estate agents. Ms Storry sought leave to appeal the Tribunal's decision to summarily dismiss her application, and her company, Storry Real Estate Pty Ltd, also sought leave to appeal.

The legal issues before the court were whether Ms Storry had grounds for leave to appeal from the Tribunal's decision, and whether the proceeding constituted a civil proceeding for personal injury or a wrong that would be stayed under the Bankruptcy Act 1966 (Cth) s 60(2). The court had to determine if the right to appeal or apply for leave to appeal was included in the right to institute a civil proceeding by a bankrupt prior to their bankruptcy. If the proceeding was for personal injury or a wrong, it would be subject to a stay under the Bankruptcy Act.

The court held that the application by Ms Storry for leave to appeal was stayed under s 60(2) of the Bankruptcy Act. The court found that the proceeding was for a wrong, and therefore subject to a stay. The court also dismissed the application by Storry Real Estate Pty Ltd for leave to appeal, finding that there were no grounds for such an appeal.

The final orders of the court were that the application by Ms Storry for leave to appeal from the decision of the Tribunal of 22 April 2021 is stayed under s 60(2) of the Bankruptcy Act, and that the application by Storry Real Estate Pty Ltd for leave to appeal from the same decision is dismissed.