Fisher v Transport for NSW [2016] NSWSC 1888

Supreme Court New South Wales

Medium Neutral Citation: Fisher v Transport for NSW [2016] NSWSC 1888 Hearing dates: 8 June 2016 Decision date: 22 December 2016 Jurisdiction: Common Law Before: McCallum J Decision: I make the following orders: (1) that the order of the registrar made 30 July 2015 dismissing the proceedings be set aside; (2) that the order of the registrar made 30 July 2015 ordering Mr Fisher to pay the defendants' costs be set aside; (3) that the proceedings be listed before the registrar on 2 February 2017 for directions. Catchwords: BANKRUPTCY – judicial review – whether proceedings stayed by operation of s 60(2) of Bankruptcy Act – where trustee indicates not to pursue matter in writing but does not file notice of discontinuance – where plaintiff seeks to continue proceedings in his own name

BANKRUPTCY - whether plaintiff's proceedings is an "action" within s 60(2) – whether the "action" is "in respect of any personal injury or wrong done" within s 60(4) – where adverse administrative decision finds plaintiff's character "not fit and proper" Legislation Cited: Bankruptcy Act 1966 (Cth), ss 27, 58, 60 Industrial Arbitration Act 1940 (NSW) Passenger Transport Act 1990 (NSW), s 11 Supreme Court Act 1970 (NSW), s 121 Uniform Civil Procedure Rules 2005 (NSW), r 49.19 Cases Cited: Daemar v Industrial Commission of New South Wales (1988) 12 NSWLR 45 Fitzpatrick v Keelty [2008] FCA 35 Garrett v The Commissioner of Taxation [2015] FCA 665; 233 FCR 226 Griffiths v Civil Aviation Authority (1996) 67 FCR 301; [1996] FCA 1502 Meriton Apartments Pty Limited v Industrial Court of New South Wales [2008] FCAFC 172 Moss v Eaglestone [2011] NSWCA 404 Pelechowski v NSW Land and Housing Commission [2000] FCA 233 Tomko v Palasty (No 2) [2007] NSWCA 369 Category: Principal judgment Parties: Brian Stanley Fisher (plaintiff) Transport for New South Wales (first defendant) Roads and Maritime Service (second defendant) Administrative Decisions Tribunal (third defendant) Representation: Counsel: Plaintiff self-represented B K Baker (defendants)