Rahman v Ashpole [2007] FCA 883

FEDERAL COURT OF AUSTRALIA

Rahman v Ashpole [2007] FCA 883

SUMMARY JUDGMENT – National Privacy Principles – provision of information to Centrelink – preliminary inquiry by privacy commissioner – no reasonable prospects of success COSTS – indemnity costs awarded Acts Interpretation Act 1901 (Cth) s 22 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5, 6, 7 Federal Court of Australia Act 1976 (Cth) s 31A, s 43 Federal Court Rules Privacy Act 1988 (Cth) s 6C, s 8, s 16A, s 42 Social Security (Administration) Act 1999 (Cth) s 192, s 196 Bhagat v Global Custodians Ltd [2002] FCA 223 Cirillo v Consolidated Press Property Ltd (No 2) [2007] FCA 179 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Hamod v New South Wales (2002) 188 ALR 659 Wu v Avin Operations Pty Ltd (No 2) [2006] FCA 792 MOHAMMAD TABIBAR RAHMAN v LIN ASHPOLE, MARTIN BARKER AND PRIVACY COMMISSIONER NSD 148 OF 2007

BUCHANAN J

20 JUNE 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 148 OF 2007

BETWEEN: MOHAMMAD TABIBAR RAHMAN

Applicant

AND: LIN ASHPOLE

First Respondent

MARTIN BARKER

Second Respondent

PRIVACY COMMISSIONER

Third Respondent

JUDGE: BUCHANAN J DATE OF ORDER: 20 JUNE 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) be entered in favour of the respondents. 2. The applicant pay the costs of the first and second respondents on an indemnity basis. 3. The applicant pay the costs of the third respondent on a party/party basis. 4. Costs are to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 148 OF 2007