"K" v NSW Ombudsman & Anor [2000] NSWSC 771

New South Wales Supreme Court

CITATION : "K" v NSW Ombudsman & Anor [2000] NSWSC 771 CURRENT JURISDICTION: Common Law - Administrative Law List FILE NUMBER(S) : SC 30044/00 HEARING DATE(S) : 31/07/00 JUDGMENT DATE : 1 August 2000

PARTIES : "K" v NSW OMBUDSMAN & Anor JUDGMENT OF : Whealy J at 1

COUNSEL : Mr Crawshaw SC; Mr Lowson - Plaintiff Mr P. Garling SC; Mr Ryan - Defendant SOLICITORS : MacMahon Associates - Plaintiff Crown Solicitor - Defendant Teaching Services Act 1980 Ombudsman Act 1974 Ombudsman Amendment (Child Protection and Community Services) Act 1998 LEGISLATION CITED : Freedom of Information Act 1989 Ombudsman Amendment (Child Protrection and Community Services) Bill (No 3) Commission for Children and Young Pupils Bill (No 2) Child Protection (Prohibited Employment) Bill (No 3) Teaching Services Regulations Ainsworth v Ombudsman (1988) 17 NSWLR 276 at 283 Botany Council v Ombudsman (1995) 37 NSWLR 357 The Commissioner of Police v The Ombudsman (Sackville AJ 9 September 1994, unreported) CASES CITED : Walton v Gardiner (1993) 177 CLR 378 Keelty v Bowie (1951) 83 CLR 516 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 at 635D-636E) Oshlack v Richmond River Council (1998) 193 CLR 72. DECISION : I order that the Summons be dismissed. I propose, subject to one qualification, to order that the plaintiff pay the defendant's general costs of the proceedings including the costs of the hearing on 31 July and 1 August 2000. I express the qualification to my general costs order in that so far as the proceedings of 19 and 20 June and 4 July 2000 are concerned, each party should bear her and their own costs. The exhibits may be returned.