Avery v State of New South Wales (Attorney General's Department) [2009] NSWSC 353

New South Wales Supreme Court

CITATION : Avery v State of New South Wales (Attorney General's Department) [2009] NSWSC 353

HEARING DATE(S) : 27 April 2009

JUDGMENT DATE : 6 May 2009

JUDGMENT OF : Schmidt AJ

CATCHWORDS : ADMINISTRATIVE LAW - judicial review - reviewable decisions and conduct - orders sought correcting or amending the Births, Deaths and Marriages Register and form of Change of Name Certificate - defendant's notice of motion seeking orders for summary dismissal and in the alternative, that statement of claim be struck out - scheme of Administrative Decisions Tribunal Act 1997 and Freedom of Information Act 1989 considered - proceedings concerned with Registrar's decisions about information retained in the Register and the form of name change certificates - plaintiff's notice of motion seeking leave to amend statement of claim in relation to costs and damages - defendant's claim in contract, not tort - application dismissed - costs

Administrative Decisions Tribunal Act 1997 Births, Deaths and Marriages Registration Act 1995 Births, Deaths and Marriages Registration Regulation 2006 LEGISLATION CITED : Civil Procedure Act 2005 Constitution Act 1902 Freedom of Information Act 1989 Industrial Relations Act 1991 Uniform Civil Procedure Rules 2005

CATEGORY : Principal judgment

Avery v Registry of Births Deaths and Marriages Act [2008] NSWADTAP 68 Boral Gas (NSW) Pty Ltd v Magill and Another (1993) 32 NSWLR 501 CASES CITED : Brimson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 NSW Breeding & Racing Stables Pty Ltd v Administrative Decisions Tribunal of New South Wales and Others [2001] NSWSC 494 Shalhoub Holdings Pty Ltd & Ors v CBA [2006] NSWSC 607