FHH v Port Stephens Council [2023] NSWCATAP 239

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FHH v Port Stephens Council [2023] NSWCATAP 239 Hearing dates: 11 August 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President Dr R Dubler SC, Senior Member Decision: 1. Appeal is dismissed. 2. If the Respondent wishes to apply for costs it is to file submissions and evidence in support within 14 days of the date of this decision and such submissions are to include whether or not a lump sum order should be made for costs, and, if so, in what amount. 3. The Appellants are to file any submissions and evidence in response within 14 days thereafter. 4. The Respondent is to file any submissions in reply within seven days thereafter. 5. Such submissions on costs to include whether or not the hearing on costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: ADMINISTRATIVE LAW – privacy – whether personal information was disclosed – whether personal information was in the public domain APPEAL – whether the Tribunal failed to address submissions of the Appellants Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Yong v Antworks Pty Ltd [2016] NSWCATAP 14 Texts Cited: Nil Category: Principal judgment Parties: FHH (First Appellant) FTU (Second Appellant) Port Stephens Council (Respondent) Representation: Appellants (Self-represented) Solicitors: Lindsay Taylor Lawyers (Respondent) File Number(s): 2023/00149763 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Citation: [2023] NSWCATAD 101 Date of Decision: 02 May 2023 Before: J McAteer, Senior Member File Number(s): 2022/00042970