Macatangay v Secretary, Department of Education [2023] NSWCATAP 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Macatangay v Secretary, Department of Education [2023] NSWCATAP 132 Hearing dates: 5 May 2023 Date of orders: 16 May 2023 Decision date: 16 May 2023 Jurisdiction: Appeal Panel Before: T Simon, Principal Member A Suthers, Principal Member Decision: (1) The appellant is to pay the respondent's costs as agreed or assessed. Note: These appeal proceedings have been stayed by virtue of s 13(2) of the Vexatious Proceedings Act 2008 (NSW) from their inception and are taken to be dismissed in accordance with s 13(3) of that Act. Catchwords: APPEAL – Procedure – Vexatious litigant – Purported appeal to the Appeal Panel of the New South Wales Civil and Administrative Tribunal dismissing appeal from a professional decision of the Administrative and Equal Opportunity Division – Whether order of the Court of Appeal under the Vexatious Proceedings Act 2008 (NSW) prohibiting appellant instituting proceedings. APPEALS — question of law — administrative review — denial of procedural fairness — whether the decision was an administratively reviewable decision — whether the Tribunal had jurisdiction to determine an application— conduct under the Privacy and Personal Information Protection Act 1988 (NSW) CIVIL PROCEDURE – Vexatious litigant – Institution of proceedings without leave – Proceedings stayed from institution and taken to be dismissed after 28 days if not ordered to be dismissed earlier by operation of s 13 of the Vexatious Proceedings Act 2008 (NSW). Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Privacy and Personal Information Protection Act 1988 (NSW) Teaching Service Act 1980 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Application of Miguela Macatangay [2017] NSWSC 1047 Application of Miguela Alvarez Macatangay [2018] NSWSC 42 Application of Miguela Alvarez Macatangay [2018] NSWSC 1183 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 Italiano v Carbone [2005] NSWCA 177 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Macatangay v State of New South Wales [2012] NSWCA 341 Macatangay v State of New South Wales [2012] NSWCA 374 Macatangay v State of New South Wales NSWCA, unreported, 8 November 2007 Macatangay v NSW Department of Education and Training [2015] NSWSC 1745 Category: Principal judgment Parties: Miguela Macatangay (Appellant) Secretary, Department of Education (Respondent) Representation: Counsel: L Meagher (Respondent)