Choi v NSW Ombudsman [2023] NSWCATEN 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choi v NSW Ombudsman [2023] NSWCATEN 2 Hearing dates: On the papers Date of orders: 02 May 2023 Decision date: 02 May 2023 Jurisdiction: Enforcement Before: Coleman SC ADCJ Decision: (1) To the extent necessary, pursuant to s 45(1)(b)(ii) of the Civil and Administrative Tribunal Act 2013 (NSW), leave is granted to the Respondent to be legally represented. (2) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dispenses with a hearing of the application filed on 2 June 2022. (3) The application of the Applicant filed on 2 June 2022 is dismissed. (4) Leave to amend the application filed 2 June 2022 to raise an additional ground is refused. (5) Any party seeking an order for costs of the proceedings file and serve written submissions not exceeding 5 pages in length in support of such application within 28 days of these orders. (6) A party resisting an application for costs file and serve written submissions not exceeding 5 pages in length in opposition to such application within 56 days of these orders. (7) Any party opposing an order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of any costs application include in any written submissions filed pursuant to these orders submissions in opposition to such order. Catchwords: PRACTICE AND PROCEDURE – contempt – whether notice of representation by legal practitioner should be "revoked" – whether name of party should be amended – whether number of proceedings should be amended – whether evidence capable of establishing contempt in the face of Tribunal – whether evidence capable of establishing breach of orders of Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 45(1)(b)(ii), 50(2), 53, 73(5) Government Information (Public Access) Act 2009 (NSW), s 43 Cases Cited: Australasian Meat Industry Employees Union v Mudginberri Station Pty Limited (1986) 161 CLR 98; [1986] HCA 46 Brown v The Owners - Strata Plan 82527 [2022] NSWCATAP 328 Burns v Corbett [2015] NSWCATAD 188 Choi v NSW Ombudsman [2018] NSWCATAD 248 Choi v NSW Ombudsman [2022] NSWCATAD 292 DVI v ZTT [2021] NSWCATEN 4 European Asian Bank AG v Wentworth (1986) 5 NSWLR 445 Fraser v The Queen [1984] 3 NSWLR 212 GR v Family and Community Services [2021] NSWSC 39 GR v Secretary, Department of Families, Disabilities and Community Services (No 2) [2020] NSWCA 198 GR v Secretary, Family, Disability and Community Services; GR v Minister, Family, Disability and Community Services [2020] NSWSC 668 Just v Wu [2023] NSWCATEN 1 Lane v Registrar of Supreme Court of New South Wales (1981) 148 CLR 245; [1981] HCA 35 Mirus Australia Pty Limited v Gage [2017] NSWSC 1046 Mohareb v Kelso [2020] NSWCA 105 Mohareb v Palmer [2017] NSWCA 281 National Australia Bank Limited v Juric [2001] VSC 375 Nowacki & Ors v S & Q Assets Pty Limited [2022] NSWCATEN 1 Prothonotary of the Supreme Court of New South Wales v Dangerfield [2016] NSWCA 277 Registrar, Court of Appeal v Collins (1982) 1 NSWLR 682 Resource Pacific Pty Limited v Wilkinson [2013] NSWCA 33 Ros v Commissioner of Police [2020] NSWCATAP 70 Turner v NSW Forensic & Analytical Science Service [2017] NSWCATAD 181 Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3 Category: Principal judgment Parties: Jae Hee Choi (Applicant) NSW Ombudsman (Office of the Ombudsman) (Respondent) Representation: Solicitors: Applicant (self represented)