KP v Narrandera Shire Council [2010] NSWADT 61

Set aside by Appeal :

CITATION: KP v Narrandera Shire Council [2010] NSWADT 61

DIVISION: General Division

APPLICANT KP PARTIES: RESPONDENT Narrandera Shire Council

FILE NUMBER: 093011

HEARING DATES: 18 September 2009

SUBMISSIONS CLOSED: 1 March 2010

DATE OF DECISION: 3 March 2010

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Summary dismissal of proceedings. Exercise of the statutory power to determine proceedings by taking no action.

LEGISLATION CITED : Privacy and Personal Information Protection Act 1998; s.55(2)

CASES CITED: AW v Vice Chancellor, University of Newcastle [2008] NSWADT 86

APPLICANT In person REPRESENTATION: RESPONDENT M Robinson, barrister

ORDERS: 1. The proceedings are adjourned for a further planning meeting on 23 March 2010 at 10:15 am.

REASONS FOR DECISION

1 The applicant commenced these proceedings pursuant to the Privacy and Personal Information Protection Act 1998 following an unsuccessful internal review application. The applicant has also commenced other proceedings in this Tribunal, under the same legislation, against the same respondent, being matter number 083362.

2 Prior to substantive hearing, the respondent brought summary dismissal applications, on several grounds, in relation to each of these proceedings, such applications being heard on 18.09.09. At hearing the parties requested determination of the summary dismissal applications on the papers filed, the applicant's documents being marked as exhibits A1 to A4, and the respondent's as exhibits R1 to R9. The parties agreed that these exhibits could be admitted in each proceeding, on the understanding that only materials relevant to each matter would be considered. Whilst proceeding on the papers is often a convenient course it has the difficulty that the Tribunal is unable to discuss matters of concern, or interest, with the parties that may arise on perusal of the papers.