Pelechowski, in the matter of Pelechowski v NSW Land & Housing Commission [2000] FCA 233

FEDERAL COURT OF AUSTRALIA

Pelechowski, in the matter of Pelechowski v NSW Land & Housing Commission

[2000] FCA 233 BANKRUPTCY – whether suit brought by applicant under Workplace Relations Act 1996 (Cth) includes claim for personal injury – whether suit may be continued despite bankruptcy – whether time for Official Trustee to elect to prosecute should be extended. Bankruptcy Act 1966 (Cth), ss 33(1)(c), 60(3), 60(4)(a) Workplace Relations Act 1996 (Cth) Cox v Journeaux (1935) 52 CLR 713, applied IN THE MATTER OF KARL PELECHOWSKI KARL PELECHOWSKI v NSW LAND AND HOUSING COMMISSION & ANOR NI 2875 of 1995 MADGWICK J 17 FEBRUARY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NI 2875 of 1995

IN THE MATTER OF KARL PELECHOWSKI

BETWEEN: KARL PELECHOWSKI

APPLICANT

AND: NSW LAND AND HOUSING COMMISSION

FIRST RESPONDENT

AND: PUBLIC SERVICE ASSOCIATION OF NSW

SECOND RESPONDENT JUDGE: MADGWICK J

DATE OF ORDER: 17 FEBRUARY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant file and serve upon the Official Trustee or its solicitor today the Statement of Affairs as required under the Act. 2. Conditionally upon compliance with that order, time is extended for the trustee to make his election for fourteen days from today. 3. The matter is to be listed for further directions on Wednesday, 8 March 2000 at 9.30 am.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NI 2875 of 1995

IN THE MATTER OF KARL PELECHOWSKI

BETWEEN: KARL PELECHOWSKI

APPLICANT

AND: NSW LAND AND HOUSING COMMISSION

FIRST RESPONDENT

AND: PUBLIC SERVICE ASSOCIATION OF NSW

SECOND RESPONDENT

JUDGE: MADGWICK J