EJE v Service NSW and Commissioner for Fair Trading [2021] NSWCATAD 62

EJE v Service NSW and Commissioner for Fair Trading [2021] NSWCATAD 62

The Tribunal found that the Applicant did not make a request for internal review under s53 PPIP Act to either Respondent prior to lodging the Tribunal application. As there was no such request, the Tribunal lacked jurisdiction and the application was misconceived or lacking in substance and must be dismissed under s55(1)(b) Civil and Administrative Tribunal Act 2013.

Parties
Applicant: EJE; First Respondent: Service NSW; Second Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
16 March 2021
Procedural Posture
Administrative Review / Interlocutory Application for Dismissal
Outcome
Application dismissed for want of jurisdiction
Legal Topics
Internal Review Under Privacy and Personal Information Protection Act, Jurisdiction of Tribunal, Application for Dismissal as Misconceived or Lacking in Substance
Administrative Law Privacy Law Internal Review Under Privacy and Personal Information Protection Act Jurisdiction of Tribunal Application for Dismissal as Misconceived or Lacking in Substance

Case Brief

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Parties

EJE

Applicant

Service NSW

First Respondent

Commissioner for Fair Trading

Second Respondent

Procedural Posture

Administrative Review / Interlocutory Application for Dismissal

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear the application absent an application for internal review under s53 Privacy and Personal Information Protection Act 1998 before filing the application
  2. 2 Whether the application should be dismissed as frivolous, vexatious, or lacking in substance under s55(1)(b) Civil and Administrative Tribunal Act 2013

Ratio Decidendi

The Tribunal found that the Applicant did not make a request for internal review under s53 PPIP Act to either Respondent prior to lodging the Tribunal application. As there was no such request, the Tribunal lacked jurisdiction and the application was misconceived or lacking in substance and must be dismissed under s55(1)(b) Civil and Administrative Tribunal Act 2013.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • The Applicant's application to the Tribunal dated 6 July 2020 is dismissed under s55(1)(b) of the Civil and Administrative Tribunal Act 2013.