North Sydney Council v EIG [2022] NSWCATAP 331

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: North Sydney Council v EIG [2022] NSWCATAP 331 Hearing dates: 18 February 2022 Date of orders: 24 October 2022 Decision date: 24 October 2022 Jurisdiction: Appeal Panel Before: A Britton, Deputy President T Simon, Principal Member Decision: 1. The appeal is allowed. 2. Orders 1, 3, 4, 5 and 6 made by the Tribunal on 27 October 2021 are set aside. 3. Pursuant to s 55(2) of the PIPP Act the Appeal Panel will take no action in this matter. Catchwords: APPEALS — Privacy - whether leave to appeal is required – whether the personal information was collected – use of the relevant personal information – disclosure and s 11 of the Local Government Act - failure to resolve a factual dispute Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Privacy and Personal Information Protection Act 1998 (NSW) Local Government Act 1993 Cases Cited: EIG v North Sydney Council [2021] NSWCATAD 131. EIG v North Sydney Council [2021] NSWCATAD 66 Tarrant v Australian Securities and Investments Commission [2015] FCAFC 8; (2015) 317 ALR 328 Texts Cited: None Category: Principal judgment Parties: North Sydney Council (Appellant) EIG (Respondent) Representation: Counsel G Kennett SC (Appellant) A Edwards (Appellant)