Zonnevylle v Minister for Education and Early Childhood Learning [2019] NSWCATAP 274

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v Minister for Education and Early Childhood Learning [2019] NSWCATAP 274 Hearing dates: 4 October, 2019 Date of orders: 14 November 2019 Decision date: 14 November 2019 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President G Walker, Senior Member Decision: (1) Leave is granted for the appellant to appeal from an interlocutory decision. (2) The appeal is upheld. (3) The Tribunal's order that the proceedings are dismissed pursuant to s 55(1)(b) of the Civil and administrative Tribunal Act 2013 (NSW) is set aside. (4) The respondent's application for costs is refused. Catchwords: APPEAL – where tribunal dismissed whole proceedings as vexatious because predominantly brought for a collateral purpose – whether Tribunal applied a wrong principle as to the scope of collateral purpose Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Attila Boros v Pages Property Investments Pty Ltd (13 November 2018) [2018] NSWCA 269 Attorney-General v Wentworth (1988) 14 NSWLR 481 Australian Beverage Distributors Pty Ltd v Redrock Co Pty Ltd [2007] NSWSC 966 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; (2006) 227 ALR 425; (2006) 80 ALJR 1100 (14 June 2006) BDK v Department of Education and Communities [2015] NSWCATAP 129 Collins v Urban [2014] NSWCATAP 17 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 Donoghoe v Compass Housing Services [2015] NSWCATAP 97 Ex parte Bucknell (1936) 56 CLR 221 Hamod v State of New South Wales [2011] NSWCA 375 Kendray v New South Wales Land and Housing Corporation [2015] NSWCATAP 139 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Moubarak by his tutor Coorey v Holt (09 May 2019) [2019] NSWCA 102 Ridgeway v R (1995) 184 CLR 19 Roberts v Balancio (1987) 8 NSWLR 436 Varawa v Howard Smith Company Ltd (1911) 13 CLR 35 Walton v Gardiner (1993) 177 CLR 378 Williams v Spautz [1992] HCA 34; 174 CLR 509 XYZ v State Trustees Limited [2006] VSC 444; (2006) 25 VAR 402 Zonnevylle v Minister for Education [2019] NSWCATAD 28 Texts Cited: None cited Category: Principal judgment Parties: Peter Zonnevylle (Appellant) Minister for Education and Early Childhood Learning (Respondent) Representation: Solicitors: Appellant (Self Represented) Crown Solicitor (Respondent) File Number(s): AP 19/30680 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: Zonnevylle v Minister for Education and Early Childhood Learning [2019] NSWCATAD 108 Date of Decision: 4 June 2019 Before: C Ludlow, Senior Member File Number(s): 2018/00333885