EEC v Federation Council [2022] NSWCATAP 369

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EEC v Federation Council [2022] NSWCATAP 369 Hearing dates: 8 July 2022, 21 September 2022 Date of orders: 25 November 2022 Decision date: 25 November 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member C Mulvey, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. 3. Leave to adduce further evidence is refused. 4. The respondent shall file and serve submissions on the question of costs seven days after publication of these reasons. 5. The applicant shall file and serve submissions on the question of costs fourteen days after publication of these reasons. 6. The submissions should address whether a hearing on the question of costs can be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: APPEALS- whether decision based on material errors of fact- whether further evidence should be received in the appeal or application for leave to appeal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AOZ v Rail Corporation NSW (No 2) [2015] NSWCATAP 179 Browne v Dunn (1893) 6 R 67 BVV v Commissioner of Police [2020] NSWCATAD 182 CEU v University of Technology Sydney [2018] NSWCATAD 13 CJU v SafeWork NSW [2018] NSWCATAD 300 Collins v Urban [2014] NSWCATAP 17 CPJ v The University of Newcastle [2017] NSWCATAD 350 Edwards v Noble [1971] HCA 54; (1971) 125 CLR 296 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 GR v Department of Housing [2003] NSWADT 268 House v R [1936] HCA 40; (1936) 55 CLR 499 Khan v Minister for Immigration and Ethnic Affairs [1987] FCA 457; (1987) 14 ALD 291 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32; (2010) 241 CLR 390 Micallef v ICI Australia Operations Pty Limited [2001] NSWCA 274 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Norbis v Norbis [1986] HCA 17; (1986) 161 CLR 513 Nominal Defendant v Smith [2015] NSWCA 339 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Ros v Commissioner of Police [2020] NSWCATAP 70 Watson v Foxman (1995) 49 NSWLR 315 Texts Cited: Nil Category: Principal judgment Parties: EEC - Appellant Federation Council - Respondent Representation: Solicitors: Skinner & Associates (Appellant) Keith Redenbach Legal Pty Ltd (Respondent) File Number(s): 2022/00098734 Publication restriction: Pursuant to s 64 the Civil and Administrative Tribunal Act 2013 (NSW), the identity of the persons whose identity has been removed in this decision is prohibited. Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 80 Date of Decision: 09 March 2022 Before: A Starke, Senior Member File Number(s): 2020/00015190