icare NSW v Webb [2023] NSWCATAP 192

icare NSW v Webb [2023] NSWCATAP 192

Leave to appeal was granted because the summons decision raised an issue of general importance concerning Tribunal administration in privacy proceedings and summonses to testify. The appeal was allowed because the only forensic purpose identified for compelling Ms Gibbs-Steele to give evidence was to explore the capacity in which she received Ms Webb's personal information and whether she was an appropriate NIPPN representative, but no potential relevance was identified between that evidence and the remaining issues under s 54 of the GIPA Act, s 18 of the PPIP Act, or s 25 of the PPIP Act. The summons therefore lacked a legitimate forensic purpose and was set aside.

Jurisdiction
Australia
Judgment Date
18 July 2023
Procedural Posture
Internal Appeal From an Interlocutory Decision Refusing to Set Aside a Summons in Privacy Administrative Review Proceedings / Appeal Panel, on the Papers; Application for Leave to Appeal and Appeal
Outcome
Leave to appeal granted; appeal allowed; summons set aside; no order as to costs.
Legal Topics
['leave to Appeal From Interlocutory Decision' 'summons to Attend and Give Evidence' 'legitimate Forensic Purpose' 'abuse of Process' 'disclosure of Personal Information' 'gipa Act Consultation' 'ppip Act Exemptions']
['administrative Law' 'privacy Law' 'government Information Access' 'civil Procedure'] ['leave to Appeal From Interlocutory Decision' 'summons to Attend and Give Evidence' 'legitimate Forensic Purpose' 'abuse of Process' 'disclosure of Personal Information' 'gipa Act Consultation' 'ppip Act Exemptions']

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Procedural Posture

Internal Appeal From an Interlocutory Decision Refusing to Set Aside a Summons in Privacy Administrative Review Proceedings / Appeal Panel, on the Papers; Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Tribunal's interlocutory refusal to set aside the summons to Ms Gibbs-Steele." 'Whether the summons to Ms Gibbs-Steele had a legitimate forensic purpose.' 'Whether evidence from Ms Gibbs-Steele could assist on the remaining issues concerning s 54 of the Government Information (Public Access) Act 2009 (NSW), s 18 of the Privacy and Personal Information Protection Act 1998 (NSW), and s 25 of the Privacy and Personal Information Protection Act 1998 (NSW).' 'Whether the appeal was moot because the summons required attendance on an earlier hearing date.']

Ratio Decidendi

Leave to appeal was granted because the summons decision raised an issue of general importance concerning Tribunal administration in privacy proceedings and summonses to testify. The appeal was allowed because the only forensic purpose identified for compelling Ms Gibbs-Steele to give evidence was to explore the capacity in which she received Ms Webb's personal information and whether she was an appropriate NIPPN representative, but no potential relevance was identified between that evidence and the remaining issues under s 54 of the GIPA Act, s 18 of the PPIP Act, or s 25 of the PPIP Act. The summons therefore lacked a legitimate forensic purpose and was set aside.

Court Disposition

Leave to appeal granted; appeal allowed; summons set aside; no order as to costs.

Orders

  • ['Leave to appeal is granted.' 'The appeal is allowed.' 'The summons to Ms Gibbs-Steele issued 12 December 2022 is set aside.']