Chan v NSW Police Force [2010] NSWADT 251

CITATION: Chan v NSW Police Force [2010] NSWADT 251

DIVISION: General Division

APPLICANT Yau Hang Chan PARTIES: RESPONDENT NSW Police Force

FILE NUMBER: 093350

HEARING DATES: On the papers

DATE OF DECISION: 21 October 2010

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Dismissal for want of prosecution - costs

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

Argus Industrial Group Holdings Ltd v Chief Commissioner of State Revenue [2010] NSWADT 136 AT v Commissioner of Police [2010] NSWCA 131 CASES CITED: Baulderstone Hornibrook Engineering Co Pty Ltd v Gordon Runoff Ltd (No 2) [2009] NSWCA 12 Commissioner of Police, New South Wales Police Force v YK [2008] NSWADTAP 78 Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622 Salon Today Pty Limited v. M.M.I.R. Pty Limited [2009] NSWADT 71

APPLICANT In person REPRESENTATION: RESPONDENT G Shirm, solicitor

ORDERS: 1. The application is dismissed for want of prosecution pursuant to section 73(5)(g)(iv) of the Administrative Decisions Tribunal Act 1997 2. Yau Hang Chan is to pay the Respondent's costs of the proceedings from 27 April 2010, as agreed or assessed.

REASONS FOR DECISION

1 The Respondent has applied for an order dismissing these proceedings under section 73(5)(g) of the Administrative Decisions Tribunal Act 1997 ("the ADT Act") on the following grounds: a, the proceedings are frivolous or vexatious or otherwise misconceived or lacking in substance within section 73(5)(g)(ii); b. the Applicant has failed to appear in the proceedings within section 73(5)(g)(iii); and c. there has been a want of prosecution of the proceedings within section 73(5)(g)(iv).