BDK v Department of Education and Communities [2015] NSWCATAP 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BDK v Department of Education and Communities [2015] NSWCATAP 129 Hearing dates: 24 March 2015 Date of orders: 03 July 2015 Decision date: 03 July 2015 Jurisdiction: Appeal Panel Before: Acting Judge K P O'Connor, AM, Deputy President, Appeals Emeritus Professor M Chesterman, Principal Member Decision: 1. Appeal dismissed. 2. Appellant to pay the respondent's costs of the appeal in an amount to be fixed. In relation to resolution of the amount to be fixed, directions given at paragraph [86] of these reasons. Catchwords: PRIVACY – Application to Amend Personal Information held by Agency – Respondents application for summary dismissal granted because the proceedings were vexatious – Interlocutory appeal - Leave granted - Whether Tribunal's decision to hear application on the papers denied procedural fairness – whether Tribunal complied with pre-condition in relation to giving parties the opportunity to make submissions in relation to that decision - Whether reasons for decision adequate if there is a lack of reference to appellants submissions – Meaning of 'vexatious' – exercise of an available legal right - predominant purpose that is ulterior – Appeal dismissed. Privacy and Personal Information Protection Act 1998, s 15; Civil and Administrative Tribunal Act 2013, s 50(2), s 50(3); s 55(1)(b). Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 Privacy and Personal Information Protection Act 1998 Uniform Civil Procedure Rules 2005 Cases Cited: Absolon v NSW TAFE [1999] NSWCA 311 Alchin v Rail Corporation NSW [2012] NSWADT 142 Attorney-General v Wentworth (1988) 14 NSWLR 481 Burns v Laws [2005] NSWADT 229 Crewdson v Central Sydney AHS [2002] NSWCA 345 House v R [1936] HCA 40; (1936) 55 CLR 499 KO and KP v Commissioner of Police, New South Wales Police (GD) [2005] NSWADTAP 56 Metropolitan Bank v Pooley (1885) 10 App Cas 210 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509 Texts Cited: - Category: Principal judgment Parties: BDK (Appellant) Department of Education and Communities (Respondent) Representation: Appellant (in person)