DOI v New South Wales Trustee and Guardian [2019] NSWCATAD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DOI v New South Wales Trustee and Guardian [2019] NSWCATAD 3 Hearing dates: 10 December 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof. G D Walker, Senior Member Decision: (1) Application dismissed pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013. (2) In accordance with s 64 of the Civil and Administrative Tribunal Act 2013, the disclosure of the name of the applicant, his mother or his father, or of any information or other material that may identify those persons is prohibited. Catchwords: TRUSTEE AND GUARDIAN – jurisdiction – decision to Institute proceedings in the Supreme Court – terms of settlement – approved by court – claim and cross-claim dismissed – whether tribunal ceased to have jurisdiction – whether change of circumstances renders the application vexatious – dismissal of application. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) NSW Trustee and Guardian Act 2009 (NSW). Cases Cited: DOI v NSW Trustee and Guardian [2018] NSWCATAD 206; Jebb v Repatriation Commission [1988] FCA 105, (1988) 80 ALR 329; Re Irving and Repatriation Commission (1997) 46 ALD 20; Re Williams and Australian Electoral Commission (1995) 38 ALD 366; Transurban City Link v Allan (1999) 168 ALR 687. Texts Cited: Nil Category: Principal judgment Parties: DOI (Applicant) NSW Trustee and Guardian (Respondent) Representation: Counsel: M R Higgins (Respondent)