Ogawa v Australian Information Commissioner (No 2) [2022] FCA 1610

Ogawa v Australian Information Commissioner (No 2) [2022] FCA 1610

Because the orders made on 15 November 2022 foreclosed each potential means by which Dr Ogawa sought to challenge the Information Commissioner's decision of 1 December 2021, there was no cause of action left for determination and the proceedings had to be dismissed.

Jurisdiction
Australia
Judgment Date
19 December 2022
Procedural Posture
Judicial Review Proceeding / Applications by Respondents for Consequential Dismissal of the Proceeding Following Orders Made on 15 November 2022
Outcome
Proceedings dismissed, with costs payable by the applicant.
Legal Topics
['summary Dismissal' 'judicial Review' 'extension of Time' 'jurisdictional Error' 'costs']
['practice and Procedure' 'administrative Law'] ['summary Dismissal' 'judicial Review' 'extension of Time' 'jurisdictional Error' 'costs']

Case Brief

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Procedural Posture

Judicial Review Proceeding / Applications by Respondents for Consequential Dismissal of the Proceeding Following Orders Made on 15 November 2022

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed consequentially after the applicant was denied an extension of time under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and refused leave to amend to plead jurisdictional error under s 39B of the Judiciary Act 1903 (Cth).' "Whether the applicant's outline of submissions should be placed on the Court file." 'Whether costs should follow the dismissal of the proceeding.']

Ratio Decidendi

Because the orders made on 15 November 2022 foreclosed each potential means by which Dr Ogawa sought to challenge the Information Commissioner's decision of 1 December 2021, there was no cause of action left for determination and the proceedings had to be dismissed.

Court Disposition

Proceedings dismissed, with costs payable by the applicant.

Orders

  • ["The applicant's outline of submissions be placed on the Court file." 'The proceedings be dismissed.' 'The applicant pay the costs of and incidental to the proceedings, including the applications for dismissal, and subject to any costs orders already made, to be fixed by a registrar in a lump-sum if not agreed.']