FTN v NSW Ombudsman [2023] NSWCATAD 319

FTN v NSW Ombudsman [2023] NSWCATAD 319

There was no sound evidentiary or jurisdictional basis to join Mr Miller, the Commissioner for Fair Trading, Ms Wotton or Mr Rorie because the current application concerned alleged privacy breaches by the NSW Ombudsman and the evidence did not show that those persons could provide logical, probative and relevant evidence about that conduct. The General Application was misconceived because it sought remedies against the Commissioner for Fair Trading when no proceeding against the Commissioner was on foot and sought relief under Commonwealth legislation that the Tribunal had no power to determine. A conjunction order was unavailable because there was no second proceeding to be heard with...

Jurisdiction
Australia
Judgment Date
12 December 2023
Procedural Posture
Administrative Review Application Concerning an Alleged Breach of Privacy, With Interlocutory General Application and Notices of Motion / Interlocutory Decision on Attempted Joinder/conjunction and Adjournment of Substantive Hearing
Outcome
The General Application was refused, the Notice of Motion was dismissed, the Commissioner for Fair Trading was excused from further participation, the hearing date was vacated, the proceeding was listed for directions, and costs were reserved.
Legal Topics
['administrative Review' 'alleged Breach of Privacy' 'joinder of Parties' 'summonses' 'tribunal Jurisdiction' 'conjunction of Proceedings' 'adjournment']
['administrative Law' 'privacy Law' 'civil Procedure'] ['administrative Review' 'alleged Breach of Privacy' 'joinder of Parties' 'summonses' 'tribunal Jurisdiction' 'conjunction of Proceedings' 'adjournment']

Case Brief

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Procedural Posture

Administrative Review Application Concerning an Alleged Breach of Privacy, With Interlocutory General Application and Notices of Motion / Interlocutory Decision on Attempted Joinder/conjunction and Adjournment of Substantive Hearing

Legal Issues

  1. 1 ["Whether the applicant's General Application could be used to bring or join claims against the Commissioner for Fair Trading in the existing administrative review proceeding against the NSW Ombudsman." 'Whether Mr Miller, the Commissioner for Fair Trading, Ms Lyn Wotton and Mr Craig Rorie should be joined as parties to the current proceedings under s 44(1) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the current proceedings could be heard in conjunction with proceedings against Fair Trading when no separate proceedings against Fair Trading were on foot.' 'Whether the Tribunal had power to determine matters arising under the Competition and Consumer Act 2010 (Cth).' 'Whether the substantive privacy hearing should proceed on 21 November 2023 or be vacated.']

Ratio Decidendi

There was no sound evidentiary or jurisdictional basis to join Mr Miller, the Commissioner for Fair Trading, Ms Wotton or Mr Rorie because the current application concerned alleged privacy breaches by the NSW Ombudsman and the evidence did not show that those persons could provide logical, probative and relevant evidence about that conduct. The General Application was misconceived because it sought remedies against the Commissioner for Fair Trading when no proceeding against the Commissioner was on foot and sought relief under Commonwealth legislation that the Tribunal had no power to determine. A conjunction order was unavailable because there was no second proceeding to be heard with...

Court Disposition

The General Application was refused, the Notice of Motion was dismissed, the Commissioner for Fair Trading was excused from further participation, the hearing date was vacated, the proceeding was listed for directions, and costs were reserved.

Orders

  • ['Matter no. 2023/00362924: The General Application filed on 15 November 2023 is refused.' 'Matter no. 2023/00362924: The Notice of Motion filed on 15 November 2023 is dismissed.' 'Matter no. 2023/00362924: The applicant has informed the Tribunal that he intends to appeal against these decisions. On that basis, the...