Gao v Federal Privacy Commissioner [2002] FCAFC 128

Gao v Federal Privacy Commissioner [2002] FCAFC 128

The appeal was dismissed because the appellant's application did not disclose a reasonable cause of action, was out of time for review under the Administrative Decisions (Judicial Review) Act, and otherwise failed to invoke the court’s jurisdiction with respect to the decisions or actions complained of.

Jurisdiction
Australia
Judgment Date
10 May 2002
Procedural Posture
Appeal / Full Court Decision on Appeal From Single Judge
Outcome
appeal dismissed
Legal Topics
['judicial Review' 'review of Commissioner Decision' 'privacy Complaints' 'extension of Time' 'cause of Action']
['administrative Law' 'privacy Law'] ['judicial Review' 'review of Commissioner Decision' 'privacy Complaints' 'extension of Time' 'cause of Action']

Case Brief

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Procedural Posture

Appeal / Full Court Decision on Appeal From Single Judge

Legal Issues

  1. 1 ['Whether application disclosed a reasonable cause of action under the Administrative Decisions (Judicial Review) Act 1977 (Cth)' "Whether there was a reviewable decision or error by the Federal Privacy Commissioner, Attorney General's Department, or DIMA" 'Whether complaint regarding breach of Privacy Act 1988 (Cth) could be brought to court out of time']

Ratio Decidendi

The appeal was dismissed because the appellant's application did not disclose a reasonable cause of action, was out of time for review under the Administrative Decisions (Judicial Review) Act, and otherwise failed to invoke the court’s jurisdiction with respect to the decisions or actions complained of.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.']