JW v Pittwater Council [2009] NSWADT 4

CITATION: JW v Pittwater Council [2009] NSWADT 4

DIVISION: General Division

APPLICANT JW PARTIES: RESPONDENT Pittwater Council

FILE NUMBER: 083317

HEARING DATES: 9 December 2008

SUBMISSIONS CLOSED: 9 December 2008

DATE OF DECISION: 9 January 2009

BEFORE: Higgins S - Judicial Member

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Local Government Act 1993 Privacy and Personal Information Protection Act 1998

Vassiliou and anor v Chief Commissioner of State Revenue [2008] NSWADT 15 Protogerous v Fouzas [2004] NSWADT 62 CASES CITED: Randi Wiks Pty Ltd v Pokana Pty Ltd [2003] NSWADTAP 27 Sarip Investments Pty Ltd v Uno Uno Pty Ltd [2004] NSWADT 27 EG (No 2) v Commissioner of Police, NSW [2004] NSWADT 226 B & L Linings & anor v Chief Commissioner of State Revenue [2008] NSWADTAP 14

APPLICANT: P Magee, solicitor REPRESENTATION:

RESPONDENT: S Puckeridge, solicitor

1. The Tribunal has jurisdiction to hear and determine this application 2. The respondent's conduct is remitted for re-consideration under section 65 of the Administrative Decisions Tribunal Act 1997 3. On or before 30 January 2009, the applicant to file and serve a document which sets out: ORDERS: (a) the orders she seeks pursuant to section 55(2) of the Privacy and Personal Information Protection Act 1998, and (b) the basis/evidence on which the orders are sought. In the event a compensation order is sought, the nature of the alleged loss giving rise to the compensation sought and the evidence in support of that loss should be included 4. On or before 27 February 2009, the respondent to file and serve its determination following its re-consideration 5. The matter set down for a further planning meeting on Monday, 16 March 2009 at 9:30 a.m.