Ritson v Ryan [2022] FCA 193

Federal Court of Australia

Ritson v Ryan [2022] FCA 193 File number: QUD 212 of 2021

Judgment of: RANGIAH J

Date of judgment: 7 March 2022

Catchwords: HUMAN RIGHTS – application to enforce determination by Information Commissioner that respondent breached s 85ZU of the Crimes Act and that respondent pay compensation – declaration that respondent contravened s 85ZU of the Crimes Act and that respondent pay the applicant $2,500. BANKRUPTCY AND INSOLVENCY – Bankruptcy Act 1966 (Cth) – where applicant commenced proceedings prior to becoming bankrupt – whether applicant entitled to maintain proceeding in own name.

Legislation: Bankruptcy Act 1966 (Cth) ss 60 and 116 Crimes Act 1914 (Cth) ss 85ZL, 85ZT, 85ZU, 85ZZC, 85ZZD(1)(b)(v), 85ZZE and 85ZZF Privacy and Personal Information Protection Act 1998 (NSW) s 62

Cases cited: Cox v Journeaux (No 2) (1935) 52 CLR 713 Luck v Chief Executive Officer of Centrelink [2017] FCAFC 92

Division: General Division

Registry: Queensland

National Practice Area: Federal Crime and Related Proceedings

Number of paragraphs: 31

Date of hearing: 7 March 2022

Counsel for the Applicant: The Applicant appeared in person via MS Teams

Counsel for the Respondent: The Respondent did not appear

ORDERS QUD 212 of 2021

BETWEEN: BRENDAN RITSON Applicant

AND: JONATHAN RYAN Respondent

order made by: RANGIAH J DATE OF ORDER: 7 MARCH 2022

THE COURT DECLARES THAT:

1. The respondent, by disclosing to the Federal Circuit Court of Australia that the applicant had been convicted of a State offence in circumstances where that conviction had been quashed (without the applicant's consent), contravened s 85ZU of the Crimes Act 1914 (Cth).