Moore -v- Commissioner of Police, NSW Police Service & anor [2002] NSWADT 97

Moore -v- Commissioner of Police, NSW Police Service & anor [2002] NSWADT 97

Although the ADT Act contains no express power to set aside a summons and the Tribunal is not a superior court, the Registrar's express power to issue a summons carries by implication a Tribunal power to set it aside. The summons to the VCT was issued for a legitimate forensic purpose because identified material in the VCT file could materially assist Mr Moore's case on the adequacy of the agency's FOI search, and its width was justified because it sought a single file and was not oppressive. No special circumstances warranted any costs order.

Jurisdiction
Australia
Judgment Date
12 June 2002
Procedural Posture
Summons Application to Set Aside / Preliminary Matter
Outcome
Application for summons to be set aside dismissed; no order as to costs; matter to be re-listed for directions.
Legal Topics
['summons to Produce Documents' 'power to Set Aside Summons' 'legitimate Forensic Purpose' 'adequate Search' 'costs']
['administrative Law' 'freedom of Information' 'civil Procedure'] ['summons to Produce Documents' 'power to Set Aside Summons' 'legitimate Forensic Purpose' 'adequate Search' 'costs']

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Procedural Posture

Summons Application to Set Aside / Preliminary Matter

Legal Issues

  1. 1 ['Who issued the summons.' 'Whether the Tribunal has power to set aside the summons.' 'Whether the summons should be set aside.' 'Whether any order for costs should be made.']

Ratio Decidendi

Although the ADT Act contains no express power to set aside a summons and the Tribunal is not a superior court, the Registrar's express power to issue a summons carries by implication a Tribunal power to set it aside. The summons to the VCT was issued for a legitimate forensic purpose because identified material in the VCT file could materially assist Mr Moore's case on the adequacy of the agency's FOI search, and its width was justified because it sought a single file and was not oppressive. No special circumstances warranted any costs order.

Court Disposition

Application for summons to be set aside dismissed; no order as to costs; matter to be re-listed for directions.

Orders

  • ['Application for summons to be set aside is dismissed.' 'No order as to costs.' 'This matter is to be re-listed for directions on a date arranged by the Registrar. At that hearing the issue of access to the summonsed material can be resolved and the matter can be set down for the completion of cross-examination of...