NSW Legal process prevented by Privacy Laws

[philip_rhoades]

People,

I want to submit an application to the local court for a Noise Abatement Order (under section 268 of the Protection of the Environment Administration Act 1991) but I am prevented from doing so because I don't know the respondent's last name. Neither the Real Estate Agent, the Strata Manager nor the Local Police (who have been called many times about disturbances and attended a few times) will supply the person's last name (for privacy reasons) but the court will not accept the application without the last name! I suggested:

"Jane X, tenant of address, owner of vehicle with reg # xxxx (refer to police records for last name)".

- but this was not acceptable.

Is there some way of dealing with this situation? - it appears there is no legal way to discover the respondent's last name? Why can't the court accept my suggestion which uniquely identifies the respondent? Why am I disadvantaged with no apparent recourse?

Thanks,
Phil.

 

[Tim W]

White Pages?
Electoral roll?
Subpoena on the real estate agent?

 

[philip_rhoades]

- Need the last name to look up the White pages?

- She has only been there four months and not likely to be on the electoral roll - but even if she was, Privacy Laws would still apply for any request from me?

- Wouldn't a subpoena on the REA get rejected because of Privacy Laws too?

Thanks,
Phil.

 

[Tim W]

A subpoena is a Court Order. It's not exactly negotiable.
Perhaps take yourself to a Community Legal Centre for advice.

 

[philip_rhoades]

> A subpoena is a Court Order. It's not exactly negotiable.

OK.

> Perhaps take yourself to a Community Legal Centre for advice.

Yes, prob a good idea . .

The other thing that just occured to me is that if the tenant themselves can't have an order placed on them for a technical reason, shouldn't the REA then be respsonsible? - such that the order could then be placed on it?

Thanks,
Phil.

 

[Tim W]

1. One step at a time.
2. No, the agent will almost never be liable for the conduct of a tenant.

 

[philip_rhoades]

Thanks!