Choi v NSW Ombudsman [2024] NSWSC 352

Supreme Court New South Wales

Medium Neutral Citation: Choi v NSW Ombudsman [2024] NSWSC 352 Hearing dates: 07 March 2024 Date of orders: 05 and 09 April 2024 Decision date: 05 April 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Grant an extension of time to file the summons seeking judicial review. (2) The summons is dismissed. (3) The plaintiff is to pay the first defendant's costs. (4) The motions filed 30 March 2023, 27 April 2023, and 27 October 2023 are dismissed. Catchwords: ADMINISTRATIVE LAW – Whether reviewable error of law – where plaintiff alleges various errors of law on the face of the record and jurisdictional error in decisions of NCAT ADMINISTRATIVE LAW – Particular administrative bodies – Ombudsman – where plaintiff makes allegations of discrimination and victimisation against the Ombudsman Legislation Cited: Anti-Discrimination Act 1977 (NSW), ss 49A, 93A, 96, 108 Civil and Administrative Tribunal Act 2013 (NSW), s 38 Mental Health Act 2007 (NSW) Ombudsman Act 1974 (NSW), s 35A Cases Cited: Choi v NSW Ombudsman [2021] NSWCA 68 Choi v NSW Ombudsman (No 5) [2022] NSWCATAD 92 Choi v NSW Ombudsman [2022] NSWSC 1681 Ekermawi v Administrative Decisions Tribunal (NSW) [2009] NSWSC 143 Kaldas v Barbour (2017) 107 NSWLR 341 Category: Principal judgment Parties: Jae Hee Choi (Plaintiff) NSW Ombudsman (First Defendant) Civil and Administrative Tribunal of New South Wales (Second Defendant) Representation: Counsel: M Gaven (First Defendant)