Transport for NSW v Waters [2018] NSWCATAP 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Transport for NSW v Waters [2018] NSWCATAP 200 Hearing dates: 19 July 2018 Date of orders: 23 August 2018 Decision date: 23 August 2018 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President R Seiden SC, Principal Member Dr J Lucy, Senior Member Decision: (1) The appeal is allowed. (2) The decision under appeal is set aside. (3) The Appeal Panel will deal with the appeal by way of a new hearing. (4) By 14 September 2018 the appellant is to give to the Appeal Panel and the respondent written submissions, answering the questions set out at [63] of these reasons for decision. (5) By 5 October 2018 the respondent is to give to the Appeal Panel and the appellant written submissions answering the questions set out at [63] of these reasons for decision. (6) By 12 October 2018, the appellant is to give to the Appeal Panel and the respondent written submissions in reply. (7) By 12 October 2018, the parties are to provide written submissions about the proposed orders to dispense with a hearing and not to allow fresh or additional evidence. Catchwords: ADMINISTRATIVE LAW – access to government information – where appellant alleged that respondent had collected his travel data via a Gold Opal Card for an unlawful purpose –whether Tribunal had erred in failing to respond to a substantial argument articulated by the respondent – whether the Tribunal had erred in asking itself the wrong question Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Craig v State of South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 DWN042 v The Republic of Nauru (2017) 350 ALR 582; (2017) 92 ALJR 146 Escobar v Spindaleri (1986) 7 NSWLR 51 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Hammond v Ozzys Cheapest Cars Pty Ltd [2015] NSWCATAP 65 JD v Department of Health [2005] NSWADTAP 44 McAuliffe v Secretary, Department of Social Security (1992) 28 ALD 609 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Totalisator Agency Board of NSW v Casey (1994) 54 IR 354 Waters v Transport for NSW [2018] NSWCATD 40 Category: Principal judgment Parties: Transport for New South Wales (Appellant) Nigel Waters (Respondent) Privacy Commissioner (NSW) (Interested Party) Representation: Counsel: A Mitchelmore and C Winnett (Appellant) P Batley (Respondent)