Choi v University of Technology Sydney [2019] NSWCATAD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Choi v University of Technology Sydney [2019] NSWCATAD 176 Hearing dates: On the papers Date of orders: 27 August 2019 Decision date: 27 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: 1. Under s 50(4) of the Civil and Administrative Tribunal Act 2013 the Tribunal determines that a hearing is not necessary in this matter.

2. Under s 109 of the Government Information (Public Access) Act 2009 the Tribunal refuses to deal further with Ms Choi's review application because it is frivolous, vexatious, misconceived and lacking in substance.

3. The review application is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 because it is frivolous, vexatious, misconceived and lacking in substance.

4. Any application for costs, with supporting submissions, is to be filed with the Tribunal and served on the other party within 21 days of this decision and is to include a genuine estimate of the quantum of costs sought.

5. In the event that such an application is made, submissions in reply on the issue of costs are to be filed with the Tribunal and served on the other party within a further 21 days Catchwords: ADMINISTRATIVE LAW — Freedom of information — Access to information – application for Tribunal to refuse to deal with review application under s 109 of the Government Information (Public Access) Act 2009 – application for summary dismissal of review application – Tribunal refused to deal with and dismissed review application Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 Assal v Department of Health Housing and Community Services, (1992) EOC 92-409 Attorney-General [2011] NSWADT 59 Attorney-General v Wentworth (1988) 14 NSWLR 481 Ballarto Pastoral Pty Ltd v Department of Primary Industries [2006] VCAT 478 BDK v Department of Education and Communities [2015] NSWCATAP 129 Gauci v Kennedy [2006] FCA 869 Keogh v Higgins (Civil Claims) [2014] VCAT 1256 Kyriakidis v State of Victoria (Human Rights List) [2014] VCAT 1039 Margan v University of Technology, Sydney [2003] NSWADTAP 65 McDonald v Central Coast Community Legal Centre [2008] NSWADT 96 Rana v University of South Australia [2004] FCA 559 Stanborough v Woolworths Ltd [2005] NSWADT 203 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102