Re Parker, L.J

[1994] FCA 942

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JUDGMENT No. ........ ... , .... J ,,,,

PEDERAL Court OF AUSTRALIA

NEW SOUTH WALES REGISTRY No NB 1486 of 1992

-RAL	DIVISION	.-
CORM:

PLACE.	RECEIVED
DATE:
FEDERAL COURT O t

AUSTRALIA PRINCIPAL REQISTRY

HIS HONOUR: In this matter, Mr Leslie James Parker, who is the bankrupt, appears himself in order to make an application to the Court. The application is made by way of a document filed in the Registry today; 25 November 1994. In that application Mr Parker seeks orders preventing the respondent, the Official Trustee, from entering any agreement to sell, as Trustee, the land in folio identifier A/406667, known as 58 Filter Road, Nowra, in New South Wales. It is said in the application that this land is Aboriginal land which cannot be sold.

The application also seeks an order for costs and compensation from the Trustees for their part in removing the property from Mr Parker's son; Kerry.

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The application was supported by Mr Parker, who relied upon two affidavits. One is an affidavit sworn by Mr Parker himself and filed in the Registry of the_ Court today 25 November 1994. The

other is an affidavit of Kerry John Parker, filed in Court on

16 November 1994, having been sworn on that day.

When the matter was called, I asked Mr Parker if the application had been served. Mr Parker told me from the bar table that it had been served at 1.00 pm today. However, the application state$ that the matter has been set down for hearing on 13 December 1994. Accordingly, it appears that the document with

which the Official Trustee has been served - assuming that what Mr Parker has told me is accurate - shows that the hearing will

take place, not today but on 13 December 1994. Accordingly, it is not surprising that the Official Trustee is not presently in Court.

It is, I think, unnecessary to go into the evidence, insofar as I can follow it, in any detail. However, the evidence does show that the Official Trustee is the registered proprietor of the land referred to in the application. It appears that at some stage Mr Parker's son was the registered proprietor but the Official Trustee obtained registration, presumably in the course of administration of Mr Parker's bankrupt estate. The precise means by which this occurred is not apparent from the evidence, nor is it apparent from the file or at least from documents to which I have had access.

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Mr Parker accepted that his interest in the land consists only of the fact that he is at present living there. The Official Trustee is the registered prsprietor. On the affidavit evidence presented by Mr Parker, either his son has a beneficial interest or unidentified Aboriginal people have a beneficial interest. Whatever is the true situation, Mr Parker does not have either the standing or the appropriate evidence to obtain interlocutory

relief today. The matter is listed - as I have indicated - on

13 December 1994. At that point W Parker will have the opportunity to adduce any further evidence if he considers it appropriate and the Official Trustee will also have the opportunity to be heard on that day.

It is sufficient for me to say for the purposes of today's proceedings that nothing has been shown that would warrant the grant of interlocutory relief on an ex parte basis and accordingly, I decline to grant any relief.

I certify that this and the preceding 2

pages are a true copy of the Reasons for Judgment of the Honourable Justice

Sackville. I .

Associate : I ! ~k-f-7'

Dated: 7 December 1994

Heard:	25 November, 1994
Place:	Sydney
Decision:	25 November, 1994
Appearances:	M r Parker appeared in person.