Civil and Administrative Tribunal
New South Wales
- Amendment notes
Medium Neutral Citation: Choi v NSW Ombudsman [2023] NSWCATEN 2 Hearing dates: On the papers Date of orders: 02 May 2023 Decision date: 02 May 2023 Jurisdiction: Enforcement Before: Coleman SC ADCJ Decision: (1) To the extent necessary, pursuant to s 45(1)(b)(ii) of the Civil and Administrative Tribunal Act 2013 (NSW), leave is granted to the Respondent to be legally represented.
(2) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dispenses with a hearing of the application filed on 2 June 2022.
(3) The application of the Applicant filed on 2 June 2022 is dismissed.
(4) Leave to amend the application filed 2 June 2022 to raise an additional ground is refused.
(5) Any party seeking an order for costs of the proceedings file and serve written submissions not exceeding 5 pages in length in support of such application within 28 days of these orders.
(6) A party resisting an application for costs file and serve written submissions not exceeding 5 pages in length in opposition to such application within 56 days of these orders.
(7) Any party opposing an order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of any costs application include in any written submissions filed pursuant to these orders submissions in opposition to such order.
Catchwords: PRACTICE AND PROCEDURE – contempt – whether notice of representation by legal practitioner should be “revoked” – whether name of party should be amended – whether number of proceedings should be amended – whether evidence capable of establishing contempt in the face of Tribunal – whether evidence capable of establishing breach of orders of Tribunal
Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 45(1)(b)(ii), 50(2), 53, 73(5)
Government Information (Public Access) Act 2009 (NSW), s 43
Cases Cited: Australasian Meat Industry Employees Union v Mudginberri Station Pty Limited (1986) 161 CLR 98; [1986] HCA 46
Brown v The Owners - Strata Plan 82527 [2022] NSWCATAP 328
Burns v Corbett [2015] NSWCATAD 188
Choi v NSW Ombudsman [2018] NSWCATAD 248
Choi v NSW Ombudsman [2022] NSWCATAD 292
European Asian Bank AG v Wentworth (1986) 5 NSWLR 445
Fraser v The Queen [1984] 3 NSWLR 212
GR v Family and Community Services [2021] NSWSC 39
GR v Secretary, Department of Families, Disabilities and Community Services (No 2) [2020] NSWCA 198
GR v Secretary, Family, Disability and Community Services; GR v Minister, Family, Disability and Community Services [2020] NSWSC 668
Lane v Registrar of Supreme Court of New South Wales (1981) 148 CLR 245; [1981] HCA 35
Mirus Australia Pty Limited v Gage [2017] NSWSC 1046
Mohareb v Kelso [2020] NSWCA 105
Mohareb v Palmer [2017] NSWCA 281
National Australia Bank Limited v Juric [2001] VSC 375
Nowacki & Ors v S & Q Assets Pty Limited [2022] NSWCATEN 1
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- Case
- [2023] NSWCATEN 2
- Decision Date
CaseChat Overview and Summary
The central legal issues that the court had to address were whether the notice of representation by a legal practitioner should be revoked, whether the name of the party should be amended, whether the number of proceedings should be amended, and whether the evidence presented was capable of establishing contempt in the face of the Tribunal and a breach of the Tribunal's orders. The Applicant argued that the notice of representation should be revoked due to the legal practitioner's alleged misconduct. The Respondent, on the other hand, contended that the notice of representation should not be revoked, and that the other amendments to the application were not necessary.
The court found that the notice of representation should not be revoked, as there was insufficient evidence to support the Applicant's claims of misconduct. The court also determined that the name of the party and the number of proceedings should not be amended, as the Applicant had not provided a valid reason for such amendments. Furthermore, the court held that the evidence presented was not capable of establishing contempt in the face of the Tribunal or a breach of the Tribunal's orders. Consequently, the application filed by the Applicant on 2 June 2022 was dismissed, and leave to amend the application to raise an additional ground was refused.
The court granted leave to the Respondent to be legally represented and dispensed with a hearing of the application. Any party seeking an order for costs of the proceedings was required to file and serve written submissions not exceeding 5 pages in length in support of such application within 28 days of these orders. A party resisting an application for costs was required to file and serve written submissions not exceeding 5 pages in length in opposition to such application within 56 days of these orders. Additionally, any party opposing an order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of any costs application had to include submissions in opposition to such order in any written submissions filed pursuant to these orders.
Orders
Orders of the court
(1) To the extent necessary, pursuant to s 45(1)(b)(ii) of the Civil and Administrative Tribunal Act 2013 (NSW), leave is granted to the Respondent to be legally represented.
(2) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dispenses with a hearing of the application filed on 2 June 2022.
(3) The application of the Applicant filed on 2 June 2022 is dismissed.
(4) Leave to amend the application filed 2 June 2022 to raise an additional ground is refused.
(5) Any party seeking an order for costs of the proceedings file and serve written submissions not exceeding 5 pages in length in support of such application within 28 days of these orders.
(6) A party resisting an application for costs file and serve written submissions not exceeding 5 pages in length in opposition to such application within 56 days of these orders.
(7) Any party opposing an order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) dispensing with a hearing of any costs application include in any written submissions filed pursuant to these orders submissions in opposition to such order.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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