GA v Department of Education and Training and New South Wales Police (GD) [2005] NSWADTAP 64

GA v Department of Education and Training and New South Wales Police (GD) [2005] NSWADTAP 64

The appellant's letter was equivocal and was not a clear withdrawal, and the appeal was not frivolous or vexatious. However, the appeal lacked substance because only the appeal points were before the Appeal Panel, they appeared on their face not to be arguable for the reasons given in the respondents' submissions,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 June 2005
Procedural Posture
Appeal / Appeal Panel Hearing of Appeal Against GA V Department of Education and Training and New South Wales Police (no 2) [2005] NSWADT 10, Including Dismissal and Costs Applications
Outcome
Appeal dismissed as lacking in substance; costs ordered in favour of the First Respondent.
Legal Topics
['dismissal of Appeal as Lacking in Substance' 'costs in Tribunal Proceedings' 'privacy and Personal Information Review Proceedings' 'appeal Panel Jurisdiction']
['administrative Law' 'privacy Law' 'costs'] ['dismissal of Appeal as Lacking in Substance' 'costs in Tribunal Proceedings' 'privacy and Personal Information Review Proceedings' 'appeal Panel Jurisdiction']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Appeal Panel Hearing of Appeal Against GA V Department of Education and Training and New South Wales Police (no 2) [2005] NSWADT 10, Including Dismissal and Costs Applications

Legal Issues

  1. 1 ["Whether the appellant's letter should be treated as a withdrawal of the appeal under s 73(5)(g) of the Administrative Decisions Tribunal Act 1997." 'Whether the appeal should be dismissed as frivolous, vexatious, misconceived or lacking in substance under s 73(5)(h) of the Administrative Decisions Tribunal Act 1997.' 'Whether special circumstances warranted a costs order in favour of the First Respondent under s 88 of the Administrative Decisions Tribunal Act 1997.']

Ratio Decidendi

The appellant's letter was equivocal and was not a clear withdrawal, and the appeal was not frivolous or vexatious. However, the appeal lacked substance because only the appeal points were before the Appeal Panel, they appeared on their face not to be arguable for the reasons given in the respondents' submissions, and the appellant had filed no further material despite directions. The First Respondent was entitled to the costs of the day because the appeal lacked apparent merit and the appellant had failed to comply with directions, although the costs order was limited to attendance at the hearing.

Court Disposition

Appeal dismissed as lacking in substance; costs ordered in favour of the First Respondent.

Orders

  • ['Appeal dismissed as lacking in substance.' "Appellant pay the First Respondent's costs of today fixed at the level of 2 and ½ hours professional time."]