Sethi v Secretary, Department of Communities and Justice [2024] NSWCATAP 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sethi v Secretary, Department of Communities and Justice [2024] NSWCATAP 142 Hearing dates: On the papers Date of orders: 23 July 2024 Decision date: 23 July 2024 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, the Appeal Panel dispenses with a hearing of the application to dismiss the appeal. (2) The appeal is dismissed and the hearing on 9 August 2024 is vacated Catchwords: PRATICE AND PROCEDURE – failure to comply with directions – relevance of Tribunal complaint process to determination of appeal – obligation on a party to comply with directions – dismissal for want of prosecution, abuse of process and failure to comply with directions. Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Civil Procedure Act 2005 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Birkett v James [1978] AC 297 Hoser v Hartcher [1999] NSWSC 527 Murabito v Commissioner for Fair Trading [2020] NSWCATAP 63 Sethi v Secretary, Department of Communities & Justice [2024] NSWCATAD 35 Texts Cited: Nil Category: Procedural rulings Parties: Akhil Sethi (Appellant) Secretary, Department of Communities and Justice (Respondent) Representation: Appellant (Self-Represented) Department of Communities and Justice (Respondent) File Number(s): 2024/00095850 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Administrative and Equal Opportunity Division Citation: [2024] NSWCATAD 35 Date of Decision: 14 February 2024 Before: M Riordan, Senior Member File Number(s): 2023/00305968