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

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

The Tribunal does not have the power, either expressly, by necessary implication, or inherent power, to make orders restraining the applicant's trustee in bankruptcy from exercising powers conferred by Commonwealth bankruptcy legislation.

Jurisdiction
Australia
Judgment Date
28 September 2009
Procedural Posture
Application for Interlocutory Orders / Interlocutory Application During Substantive Proceedings
Outcome
Application dismissed
Legal Topics
['tribunal Powers' 'jurisdiction' 'interlocutory Injunctions' 'bankruptcy']
['administrative Law'] ['tribunal Powers' 'jurisdiction' 'interlocutory Injunctions' 'bankruptcy']

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Procedural Posture

Application for Interlocutory Orders / Interlocutory Application During Substantive Proceedings

Legal Issues

  1. 1 ["Whether the Tribunal has power to make orders restraining the conduct of the applicant's trustee in bankruptcy"]

Ratio Decidendi

The Tribunal does not have the power, either expressly, by necessary implication, or inherent power, to make orders restraining the applicant's trustee in bankruptcy from exercising powers conferred by Commonwealth bankruptcy legislation.

Court Disposition

Application dismissed

Orders

  • ["The applicant's application seeking interlocutory restraining orders against her trustee in bankruptcy is dismissed."]