McGuirk v NSW Ombudsman (No 3) [2008] NSWADT 242

McGuirk v NSW Ombudsman (No 3) [2008] NSWADT 242

The Tribunal was not satisfied that Mr McGuirk had made out any special circumstances under section 88 of the Administrative Decisions Tribunal Act 1997 warranting an award of costs against the Ombudsman, and no other such circumstances were identified; because the Ombudsman did not seek costs, no costs order was made.

Jurisdiction
Australia
Judgment Date
29 August 2008
Procedural Posture
Freedom of Information Act Access to Documents; Costs Application / Costs Application Decided on the Papers
Outcome
Mr McGuirk's application for costs was dismissed; the section 58 FOI Act report issue was stood over.
Legal Topics
['access to Documents' 'operation of Agencies' 'tribunal Jurisdiction' 'special Circumstances for Costs' 'section 58 Report']
['administrative Law' 'freedom of Information' 'costs'] ['access to Documents' 'operation of Agencies' 'tribunal Jurisdiction' 'special Circumstances for Costs' 'section 58 Report']

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Procedural Posture

Freedom of Information Act Access to Documents; Costs Application / Costs Application Decided on the Papers

Legal Issues

  1. 1 ['Whether special circumstances existed under section 88 of the Administrative Decisions Tribunal Act 1997 warranting an award of costs against the NSW Ombudsman.' 'Whether the issue of making a report under section 58 of the Freedom of Information Act 1989 should be stood over.']

Ratio Decidendi

The Tribunal was not satisfied that Mr McGuirk had made out any special circumstances under section 88 of the Administrative Decisions Tribunal Act 1997 warranting an award of costs against the Ombudsman, and no other such circumstances were identified; because the Ombudsman did not seek costs, no costs order was made.

Court Disposition

Mr McGuirk's application for costs was dismissed; the section 58 FOI Act report issue was stood over.

Orders

  • ["Mr McGuirk's application for costs is dismissed." 'The issue of whether or not a report should be made under section 58 of the FOI Act is stood over until a decision is handed down in matter No. 073305.']