Altaranesi v Sydney Local Health District [2012] NSWCA 69

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Altaranesi v Sydney Local Health District [2012] NSWCA 69 Hearing dates: 2 April 2012 Decision date: 02 April 2012 Before: Basten JA at 1; Sackville AJA at 32 Decision: 1. Dismiss the application for an extension of time to appeal the decision of the Appeal Panel of the Administrative Decisions Tribunal given on 18.03.2011. 2. Refuse leave to appeal from the decision as to costs of the Appeal Panel of the Administrative Decisions Tribunal given on 28.09.2011. 3. The applicant is to pay the costs of the second respondent in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - civil - leave to appeal - extension of time to apply for leave - whether extension of time necessary - relevance of merits of proposed appeal

APPEAL - civil - statutory appeal - interlocutory decision - costs only - whether leave should be granted - Administrative Decisions Tribunal Act 1997 (NSW), s 119

APPEAL - costs - discretionary order - Administrative Decisions Tribunal Act 1997 (NSW), s 88 and Health Records and Information Privacy Act 2002 (NSW), s 55 - whether possible for the Administrative Decisions Tribunal to award costs without reviewing the merits of the case - whether error shown in order for costs Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW), ss 88, 119, 122, 123 Health Records and Information Privacy Act 2002 (NSW), ss 55, 57; Pt 6, Div 2 Privacy and Personal Information Protection Act 1998 (NSW) Supreme Court Act 1970 (NSW), s 69 Cases Cited: Altaranesi v Industrial Relations Commission of New South Wales [2011] NSWCA 351 KT v Sydney South West Area Health Service [2010] NSWADT 131 KT v Sydney South West Area Health Service [2010] NSWADT 227 KT v Sydney Local Health Network (formerly Sydney South West Area Health Service) [2011] NSWADTAP 10 KT v Sydney Local Health District (No 3) [2011] NSWADTAP 49 Category: Principal judgment Parties: Tareq Altaranesi - Applicant Administrative Decisions Tribunal - First Respondent Sydney Local Health District - Second Respondent Representation: Counsel: