FTN v NSW Ombudsman [2023] NSWCATAD 319

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FTN v NSW Ombudsman [2023] NSWCATAD 319 Hearing dates: 21 November 2023 Date of orders: 21 November 2023 Decision date: 12 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: Matter no. 2023/00362924: 1. The General Application filed on 15 November 2023 is refused. 2. The Notice of Motion filed on 15 November 2023 is dismissed. 3. The applicant has informed the Tribunal that he intends to appeal against these decisions. On that basis, the Tribunal will publish written reasons within 28 days. Matter no. 2023/00101979: 1. The Commissioner for Fair Trading is excused from further participation in the hearing of this application. 2. The hearing date of 21 November 2023 is vacated. 3. The proceeding is listed for directions on 12 December 2023 at a time to be fixed by the Registrar at John Maddison Tower, Level 10, 86-90 Goulburn Street, Sydney. 4. The costs for the hearing of 21 November 2023 are reserved. Catchwords: ADMINISTRATIVE LAW – administrative review – alleged breach of privacy – attempt to join parties as respondents prior to hearing by way of a General Application – application misconceived – No application for joinder - existing application cannot be heard "in conjunction" with proceedings against another party that have not yet commenced Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Ombudsman Act 1974 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: None Texts Cited: None Category: Principal judgment Parties: FTN (Applicant) NSW Ombudsman (Respondent) Representation: Solicitors: Applicant (Self-represented) Mr D Wong (Respondent) Ms H Steel (in the interests of the Commissioner for Fair Trading) File Number(s): 2023/00362924 & 2023/00101979 Publication restriction: The publication or broadcast of the name of the applicant is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).