DQF v Department of Finance, Services and Innovation [2019] NSWCATAD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DQF v Department of Finance, Services and Innovation [2019] NSWCATAD 82 Hearing dates: 9 April 2019 Date of orders: 13 May 2019 Decision date: 13 May 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: L. Pearson, Principal Member Decision: 1.The application by the respondent for an order under s 55(1)(d) of the Civil and Administrative Tribunal Act 2013 that the proceedings be dismissed for want of prosecution is refused; 2. The application by the respondent for an order under s 55(1)(c) of the Civil and Administrative Tribunal Act 2013 that the proceedings be dismissed for failure to appear is refused; 3.The applicant is to pay the costs of the respondent in the sum of $3,214.50 within 14 days; 4.The proceedings are listed for a case conference at 2.00pm Tuesday 4 June 2019. Catchwords: SUMMARY DISMISSAL – failure to comply with directions – failure to appear at case conference - application to dismiss proceedings for want of prosecution and failure to appear COSTS – whether special circumstances warranting an order for costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Privacy and Personal Information Protection Act 1998 Residential Tenancies Act 2010 Cases Cited: Aon Risk Services Pty Ltd v Australian National University (2009) 239 CLR 175 Bayne v NSW Department of Premier and Cabinet [2016] NSWCATAD 233 Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282 Hoser v Hartcher [1999] NSWSC 527 Latoudis v Casey (1990) 170 CLR 534 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Oshlack v Richmond River Council (1998) 193 CLR 72 T & S Nominees Pty Ltd v Chief Commissioner of State Revenue [2017] NSWCATAP 6 Category: Procedural and other rulings Parties: DQF (Applicant) Department of Finance, Services and Innovation (Respondent) Representation: Applicant in person Crown Solicitor's Office (Respondent) C Higgins, Information and Privacy Commission File Number(s): 2018/344674