PC v University of New South Wales [2009] NSWADT 248

CITATION: PC v University of New South Wales [2009] NSWADT 248

DIVISION: General Division

APPLICANT PC PARTIES: RESPONDENT University of New South Wales

FILE NUMBER: 063193 and 083144

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 14 September 2009

DATE OF DECISION: 28 September 2009

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Whether the Tribunal has power to make orders restraining the conduct of the applicant's trustee in bankruptcy.

CASES CITED: John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465

APPLICANT In person REPRESENTATION: RESPONDENT Ms Sharp

ORDERS: The applicant's application seeking interlocutory restraining orders against her trustee in bankruptcy is dismissed.

REASONS FOR DECISION

1 The applicant has commenced these two substantive proceedings in the Tribunal, each proceeding alleging that the respondent has acted in breach of privacy legislation. The two proceedings are being heard at the same sittings, though as separate matters, given that the acts in breach of privacy law are different in each matter. Both proceedings are now part heard.

2 The proceedings have been protracted, in part by reason of an appeal in one matter being taken to the Appeal Panel and in part by reason of the applicant's employment overseas. This latter aspect has brought about the interlocutory application which is under consideration here. A sequestration order has been made against the applicant's estate and she has been declared bankrupt on the application of the respondent, the relevant proceedings arising from a debt owed to the respondent by the applicant. The applicant's bankrupt status has caused her concerns should she return to Australia to prosecute her proceedings in this Tribunal. Her concern is that her trustee in bankruptcy may possibly exercise powers, conferred under bankruptcy legislation, to require her to surrender her passport and to prevent, or inhibit, her departure from Australia after the finalisation of the Tribunal proceedings. Consequently, the applicant has sought certain interlocutory orders from the Tribunal.