CZG v Western Sydney Parklands Trust [2017] NSWCATAD 352

CZG v Western Sydney Parklands Trust [2017] NSWCATAD 352

The second internal review concerned new conduct not within the scope of the original application for internal review and thus could not be joined to the initial proceedings; a separate application for administrative review is required for the new allegations. The Tribunal granted leave to file out of time to avoid prejudice and adhere to the guiding principle of efficient and fair resolution.

Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Administrative Review / Procedural Ruling on Scope of Proceedings and Extension of Time
Outcome
Applicant granted leave to file a fresh administrative review application; time for lodging extended; detailed procedural directions for hearing and evidence served.
Legal Topics
['privacy' 'internal Review' 'administrative Review' 'jurisdiction' 'procedural Orders' 'extension of Time']
['administrative Law' 'privacy Law'] ['privacy' 'internal Review' 'administrative Review' 'jurisdiction' 'procedural Orders' 'extension of Time']

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Procedural Posture

Administrative Review / Procedural Ruling on Scope of Proceedings and Extension of Time

Legal Issues

  1. 1 ['Whether a separate application for administrative review is required for additional matters arising from a subsequent Internal Review' 'Whether the Tribunal has jurisdiction to consider new allegations not forming part of the initial internal review' 'Extension of time for lodging an administrative review application']

Ratio Decidendi

The second internal review concerned new conduct not within the scope of the original application for internal review and thus could not be joined to the initial proceedings; a separate application for administrative review is required for the new allegations. The Tribunal granted leave to file out of time to avoid prejudice and adhere to the guiding principle of efficient and fair resolution.

Court Disposition

Applicant granted leave to file a fresh administrative review application; time for lodging extended; detailed procedural directions for hearing and evidence served.

Orders

  • ['The applicant is given leave to file a fresh application for administrative review in respect of the Internal Review of 16 August 2017.' 'The time for lodging the application for administrative review is extended to 4:30pm 27 November 2017 pursuant to section 44 (1) of the Civil and Administrative Tribunal Act...