PC V University of New South Wales [2010] NSWADT 139

CITATION: PC V University of New South Wales [2010] NSWADT 139

DIVISION: General Division

Applicant: PC PARTIES: Respondent: University of New South Wales

FILE NUMBER: 083144

HEARING DATES: 21 December 2009

SUBMISSIONS CLOSED: 27 January 2010

DATE OF DECISION: 8 June 2010

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Summary dismissal of substantive application for failure to appear

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997

Applicant Representative: No appearance REPRESENTATION:

Respondent Representative: Ms N Sharp of Counsel

ORDERS: The substantive application is dismissed

REASONS FOR DECISION

1 The applicant commenced these proceeding pursuant to the provisions of the Privacy and Personal Information Protection Act 1998 following an unsuccessful internal review application. The applicant has other proceedings in the Tribunal against the same respondent, being proceedings 063193, which have been listed for interlocutory and final hearings at the same time as these current proceedings. The proceedings have remained separate however.

2 The respondent has now sought summary dismissal of both matters by reason of the circumstances that follow. The evidence and submissions upon these interlocutory applications are common to both proceedings.

3 Both matters were listed for further substantive hearing on 18, 21 and 22 December 2009. However, on 11 December 2009 the Tribunal Registry advised the parties that the first of these hearing days was no longer available, so that the hearings would commence on 21 December 2009 and continue for the next two days (exhibit ADT 1). The applicant subsequently advised by letter dated 15 December 2009 that she would be available for a directions hearing by telephone on 21 December 2009, impliedly asserting that she therefore would not attend the hearing on 21 December 2009 in person. In substance, by this letter, the applicant sought to vacate the substantive hearing and have it re-listed for further hearing at a later date. The applicant repeated that this was her position by letter dated 16 December 2009. On 16 December 2009 the respondent advised the applicant that it was ready to proceed with the hearing and that should the applicant press any adjournment application then the respondent would seek summary dismissal together with a costs order in its favour. On 17 December 2009 the Tribunal Registry advised the applicant that the substantive hearings would commence on 21 December 2009 as previously advised and that the applicant's attendance in person was required.