Miriani v Transport for NSW [2021] NSWCATAD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Miriani v Transport for NSW [2021] NSWCATAD 16 Hearing dates: On the papers Date of orders: 28 January 2021 Decision date: 28 January 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) The Tribunal dispenses with a hearing in this matter in accordance with section 50(2) of the Civil and Administrative Tribunal Act 2013. (2) The respondent's application for summary dismissal of the applicant's review application under section 55(1)(b) is dismissed. (3) The applicant's review application is to be listed for further case conference at a date and time to be fixed by the Registrar. Catchwords: ADMINISTRATIVE LAW — Freedom of information - Independent merits review – decision that information not held under Government Information (Public Access) Act 2010 - onus of proof on agency. CIVIL PROCEDURE — Summary disposal application under s55(1)(b) of the Civil and Administrative Tribunal Act 2013 - dismissed - proceedings not frivolous or vexatious or otherwise misconceived or lacking in substance. Legislation Cited: Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 (Repealed) Government Information (Public Access) Act 2010 Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 ABA v Department of Human Services, Community Services [2012] NSWADT 117 ARC v Northern NSW Local Health District [2014] NSWCATAD 109 Choi v University of Technology Sydney [2019] NSWCATAD 176 Crewdson v Central Sydney AHS [2002] NSWCA 345 GA v, The University of Sydney (GD) [2010] NSWADTAP 31 Miriani v Commissioner of Police, New South Wales Police Force [2005] NSWADT 187 Samandi v NSW Department of Communities and Justice [2020] NSWCATAD 286 Seremetis v Commissioner of Police; Seremetis v Department of Communities and Justice [2020] NSWCATAD 317 Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 VZ v University of Newcastle (No 2) [2012] NSWADT 167 Wojciechowska v Commissioner of Police [2020] NSWCATAP 257 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Worldwide Enterprises Proprietary Limited v Westpac Banking Corporation [2010] VCAT 1125 Zonneyvylle v Department of Finance, Services and Innovation [2017] NSWCATAD 186. Texts Cited: None Category: Procedural rulings Parties: Joe Miriani (Applicant) Transport for NSW (Respondent) Representation: Solicitors: Applicant (Self-Represented) HWL Ebsworth Lawyers (Respondent) File Number(s): 2020/00163242 Publication restriction: None