BN v Hornsby Shire Council (2) [2013] NSWADT 55

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: BN v Hornsby Shire Council (2) [2013] NSWADT 55 Hearing dates: On the papers Decision date: 07 March 2013 Jurisdiction: General Division Before: S. Higgins, Deputy President Decision: The applicant's application for costs is dismissed. Catchwords: Costs Legislation Cited: Administrative Decisions Tribunal Act 1997 Privacy and Personal information Protection Act 1998 Cases Cited: AT v NSW Police [2010] NSWCA 131 Category: Costs Parties: BN (applicant) Hornsby Shire Council (respondent) Representation: Applicant in person I Woodward of Storey and Gough Lawyers for the respondent File Number(s): 113158

REASONS FOR DECISION

Introduction 1On 13 August 2012, my decision and reasons for decision were published in respect to the applicant's application for review of conduct of the respondent agency, which the applicant asserted to have been a breach of the disclosure information protection principle as set out in subsection 18(2) of the Privacy and Personal Information Protection Act 1998 (PPIP Act): see BN v Hornsby Shire Council [2012] NSWADT 165. In that decision I found that the conduct of the respondent, in so far as it related to the disclosure of the applicant's personal information on its website, on 10 December 2010, was a breach of the PPIP Act and I made orders accordingly. 2In his application for review, the applicant also sought costs. Accordingly, in my decision I made orders for the filing and serving of evidence and written submissions in the event the applicant wished to pursue that application. 3The applicant and the respondent filed and served written submissions in accordance with the orders made. I have considered that material and I have determined to make no order as to costs and these are my reasons for decision in regard thereto.