ENS v Commissioner for Fair Trading [2022] NSWCATAD 22

ENS v Commissioner for Fair Trading [2022] NSWCATAD 22

The Tribunal refused summary dismissal because ENS's challenge to the finding that NSW Fair Trading had not contravened the Privacy and Personal Information Protection Act 1998 was not a new matter but was implicit in, and part of, his review application throughout the proceedings. The respondent did not show that the application involved a misunderstanding of legal principle or an untenable proposition of fact or law, and no want of prosecution was established because no directions for evidence had been made while settlement discussions were continuing.

Jurisdiction
Australia
Judgment Date
20 January 2022
Procedural Posture
Administrative Review Under the Privacy and Personal Information Protection Act 1998 Concerning Handling of Personal Information / Respondent's Summary Dismissal Application Determined on the Papers
Outcome
Respondent's application for summary dismissal refused; matter listed for further directions.
Legal Topics
['administrative Review' 'information Protection Principles' 'disclosure of Personal Information' 'correction of Personal Information' 'summary Dismissal' 'want of Prosecution']
['administrative Law' 'privacy Law'] ['administrative Review' 'information Protection Principles' 'disclosure of Personal Information' 'correction of Personal Information' 'summary Dismissal' 'want of Prosecution']

Case Brief

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Procedural Posture

Administrative Review Under the Privacy and Personal Information Protection Act 1998 Concerning Handling of Personal Information / Respondent's Summary Dismissal Application Determined on the Papers

Legal Issues

  1. 1 ["Whether the respondent's summary dismissal application should be determined without a hearing." "Whether the applicant's continued challenge to the internal review findings was a new matter that was misconceived or lacking in substance under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013." 'Whether the proceedings should be dismissed as frivolous or vexatious.' 'Whether the proceedings should be dismissed for want of prosecution under s 55(1)(d) of the Civil and Administrative Tribunal Act 2013.']

Ratio Decidendi

The Tribunal refused summary dismissal because ENS's challenge to the finding that NSW Fair Trading had not contravened the Privacy and Personal Information Protection Act 1998 was not a new matter but was implicit in, and part of, his review application throughout the proceedings. The respondent did not show that the application involved a misunderstanding of legal principle or an untenable proposition of fact or law, and no want of prosecution was established because no directions for evidence had been made while settlement discussions were continuing.

Court Disposition

Respondent's application for summary dismissal refused; matter listed for further directions.

Orders

  • ["A hearing of the respondent's summary dismissal application is dispensed with." 'The application by the respondent for summary dismissal is refused.' 'The matter is listed for directions by telephone at 9:30 am on 8 February 2022.']