NSW Caselaw
CITATION: GQ v NSW Department of Education & Training [2008] NSWADT 212
DIVISION: General Division
APPLICANT GQ PARTIES: RESPONDENT NSW Department of Education & Training
FILE NUMBER: 083163
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 9 July 2008
DATE OF DECISION: 1 August 2008
BEFORE: Handley R - Deputy President
CATCHWORDS: Whether application late – whether proceedings frivolous, vexatious misconceived or lacking in substance
MATTER FOR DECISION: Preliminary matter
LEGISLATION CITED : Privacy and Personal Information Protection Act 1998 Administrative Decisions Tribunal Act 1997
Fitzpatrick v Chief Executive Officer, Ambulance Service of NSW [2003] NSWADT 132 AT v Commissioner of Police, NSW Police (NSWADT, unreported, 14 December 2007) CASES CITED: Commissioner of Police, NSW Police v LZ [2008] NSWADTAP 22 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 GR v Director-General, Department of Housing (GD) [2004] NSWADTAP 29 Oceanic Sun Line Shipping Company Inc v Fay (1988) 165 CLR 165
APPLICANT In person REPRESENTATION: RESPONDENT P Cribb, solicitor
ORDERS: (1) GQ is not prevented from pursuing her application by reason of the time of the filing of her application for review (2) The Repondent's application for dismissal of these proceedings pursuant to section 73(5)(h) of the Administrative Decisions Tribunal Act 1997 is refused.
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