Zonnevylle v NSW Department of Justice [2021] NSWCATAD 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v NSW Department of Justice [2021] NSWCATAD 175 Hearing dates: On the papers Date of orders: 21 June 2021 Decision date: 21 June 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: 1. A hearing for the Respondent's application for dismissal of these proceedings is dispensed with and a determination of that application is made on the papers. 2. The Respondent's application for dismissal is denied. 3. The parties should seek a date for a directions hearing before the Tribunal in relation to the administrative review proceedings (i.e. the substantive matter) to establish the specific issues (or any limits on the issues) to be addressed by the parties both in any written submissions and in any hearing before the Tribunal on the substantive matter. Catchwords: CIVIL PROCEDURE — Summary dismissal application under s55(1)(b) of the Civil and Administrative Tribunal Act 2013 - proceedings not misconceived or lacking in substance or otherwise frivolous or vexatious – no collateral purpose established just because access to government information was sought to pursue a complaint, allegations of failure to comply with any law or for other purposes. Legislation Cited: Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 (repealed) Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 State Records Act 1998 Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 BDK v Department of Education and Communities [2015] NSWCATAP 129 Burnett (on behalf of Burnett) v Secretary, Department of Communities and Justice [2021] NSWCATAD 114 Choi v University of Technology Sydney [2019] NSWCATAD 176 Cianfrano v Director General, Premier's Department [2006] NSWADT 137 Colefax v Department of Education & Communities (NSW) (No 2) [2013] NSWADT 130 Long v Metromix Pty Ltd [2019] NSWCATAP 198 Miriani v Transport for NSW [2021] NSWCATAD 16 Singh v Legal Aid Commission (No 2) [2015] NSWCATD 5 Texts Cited: Nil Category: Procedural rulings Parties: Peter Zonnevylle (Applicant) NSW Department of Justice (Respondent) Representation: Solicitors: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2020/00283065 Publication restriction: Nil