Attorney General v Budd [2013] NSWSC 155

Supreme Court New South Wales

Medium Neutral Citation: Attorney General v Budd [2013] NSWSC 155 Hearing dates: 5 July 2012, 6 July 2012 Decision date: 19 April 2013 Before: Hall J Decision: (1) Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Pamela Joan Theresa Budd is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act (2) The defendant is to pay the plaintiff's costs on the ordinary basis. (3) Defendant's application under the Court Suppression and Non-Publication Orders Act 2010 refused. Catchwords: PROCEDURE - application for vexatious proceedings order pursuant to s 8 Vexatious Proceedings Act - whether proceedings are vexatious - meaning of "vexatious" - whether proceedings were conducted frequently - meaning of "frequently"

SUPPRESSION ORDERS - application by defendant to suppress identity in judgment and orders made under the Vexatious Proceedings Act 2008 - issue as to impact of publicity upon defendant's mental health - powers of the Court to make a suppression order under the Court Suppression and Non-publication Orders Act 2010 not available to suppress judgment and orders under Vexatious Proceedings Act 2008, in particular having regard to the statutory scheme requiring public notification of any orders made under that Act Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Court Suppression and Non-Publication Orders Act 2010 Evidence Act 1995 Freedom of Information Act 1989 Privacy and Personal Information Protection Act 1998 Social Security Act 1991 (Cth) Vexatious Proceedings Act 2008 Cases Cited: Attorney General in and for the State of NSW v Gargan [2010] NSWSC 1192 Attorney General of NSW v Wilson [2010] NSWSC 1008 Attorney General v Chan (2011) NSWSC 1315 Attorney General v Croker [2010] NSWSC 942 Budd v Department of Housing (Tenancy) [2004] NSWCTTT 622 Budd v Federal Privacy Commissioner [2005] FCA 1264 Budd v Federal Privacy Commissioner [2005] FCA 1478 Budd v Federal Privacy Commissioner [2006] FCA 1131 Budd v Federal Privacy Commissioner [2007] FCAFC 24 Budd v New South Wales Commissioner of Police [2006] NSWSC 1265 Budd v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1540 Budd v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 345 Budd v Secretary, Department of Education, Employment and Workplace Relations [2008] AATA 137 Budd v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 961 Budd v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 1138 Budd v State of NSW [2006] NSWADT 14 Budd v State of NSW [2006] NSWSC 1266 Budd v State of NSW [2007] NSWADT 112 Budd v State of NSW [2007] NSWADT 88 Budd v State of NSW [2007] NSWADTAP 55 Budd v State of NSW [2008] NSWADT 217 Budd v State of NSW [2008] NSWADT 239 Budd v University of Sydney [2010] NSWADT 77 Budd v Victims Compensation Corporation Fund [2009] NSWDC 35 NZ v Commissioner of Police [2005] NSWADT 35 NZ v Commissioner of Police [2005] NSWADTAP 61 NZ v NSW Land and Housing Corporation [2006] NSWADT 126 NZ v NSW Land and Housing Corporation [2007] NSWADTAP 20 Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398 Pascoe v Liprini [2011] NSWSC 1485 PLFX v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] AATA 464 Rinehart v Welker [2011] NSWCA 403 White Industries (QLD) Pty Limited v Flower and Hart (1998) 156 ALR 169 Category: Principal judgment Parties: Attorney General (Plaintiff) Pamela Joan Theresa Budd (Defendant) Representation: N Owens (Plaintiff) D Provera (Defendant) Crown Solicitor's Office (Plaintiff) Unrepresented (Defendant) File Number(s): 2011/183830