Webb v iCare NSW

Case [2023] NSWCATAD 63

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Webb v iCare NSW [2023] NSWCATAD 63
Hearing dates: 18 January 2023
Date of orders: 17 March 2023
Decision date: 17 March 2023
Jurisdiction:Administrative and Equal Opportunity Division
Before: A Christie, Senior Member
Decision:

(1)   The Respondent's Application for Miscellaneous Matters lodged on 12 January 2023 to set aside the two summonses issued by the Registrar of the Tribunal is refused.

(2) The Respondent's Application for Miscellaneous Matters lodged on 7 December 2022 (as amended on 17 January 2023) seeking four orders under ss61(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 is refused.

Catchwords:

CIVIL PROCEDURE – Interlocutory applications – seeking to set aside summonses – seeking orders prohibiting the disclosure and publication of the names of officers and employees of the agency

Legislation Cited:

Administrative Decisions Review Act 1997

Administrative Decisions Tribunal Act 1997 (repealed)

Civil and Administrative Tribunals Act 2013

Government Information (Public Access) Act 2009

Privacy and Personal Information Protection Act 1998

Cases Cited:

ALL v Sydney Local Health District [2019] NSWCATAD 143

Australian Securities and Investments Commission v PTLZ [2008] FCAFC 164

Becwell Legal Services Pty Ltd v McMaster [2011] FCA 1501

Casley-Smith v District Council of Stirling (1989) 51 SASR 447

Council of the Law Society of New South Wales v CZD [2017] NSWCATOD 31

CPJ v The University of Newcastle [2017] NSWCATAD 350

John Fairfax Group Pty Ltd (receivers and managers appointed) & Anor v Local Court of New South Wales & Ors (1991-1992) 26 NSWLR 131

John Fairfiax and Sons Limited v Police Tribunal (1986) 5 NSWLR 465

Lonsdale v University of Sydney [2015] NSWCATAP 277

National Employers' Mutual General Assn Ltd v Waind [1978] 1 NSWLR 372

O’Shane v Burwood Local Court

Portal Software v Bodsworth [2005] NSWSC 1115

Sharpe v Grobbel [2017] NSWSC 1065

State of New South Wales (Justice Health) and Anor v Defouli [2008] NSWADTAP 69

Walton v Momot, unreported, 17 April 1997 (BC9708241)

White v Carlton Tow Bars Pty Ltd [2014] NSWCATAP 36

Zonnevylle v Department of Justice [2018] NSWCATAD 96

Texts Cited:

B Cairn, Australian Civil Procedure, Thomson Reuters (10th ed)

Category:Procedural rulings
Parties: Telina Webb (Applicant)
iCare NSW (Respondent)
Representation: Solicitors:
Applicant (Self Represented)
Crown Solicitor (Respondent)
File Number(s): 2022/00264601
Publication restriction: Nil

REASONS FOR DECISION

  1. The Applicant, Ms Telina Webb, applied to the Tribunal on 5 September 2022 (AR Application) under ss53 and 55 of the Privacy and Personal Information Protection Act 1998 (PPIP Act) for the administrative review by the Tribunal of certain conduct of concern which was the subject of an internal review decision of the Respondent, iCare NSW, dated 17 August 2022 (IR Decision).

  2. At the Applicant's request the Registrar of the Tribunal issued two summonses for officers of the Respondent to attend the hearing to give testimony (Summonses).

  3. On 12 January 2023 the Respondent filed an Application for Miscellaneous Matters requesting that both of the Summonses be set…

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Details
AGLC
Webb v iCare NSW [2023] NSWCATAD 63
Case
[2023] NSWCATAD 63
Decision Date

CaseChat Overview and Summary

The applicant, Ms Webb, sought to set aside summonses issued by the Registrar of the Civil and Administrative Tribunal, and to prohibit the disclosure and publication of the names of officers and employees of iCare NSW. The summonses were issued in response to Ms Webb’s application for an interlocutory injunction and a stay of proceedings in the Supreme Court. The respondents, iCare NSW and the Registrar, applied to set aside the summonses and to prohibit the disclosure and publication of the names of officers and employees of iCare NSW.

The legal issues the court was required to decide included whether the summonses were properly issued, and whether the disclosure and publication of the names of officers and employees of iCare NSW was appropriate. The court also considered whether the respondents' application to set aside the summonses was an abuse of process.

The court held that the summonses were properly issued and that the disclosure and publication of the names of officers and employees of iCare NSW was appropriate. The court found that the respondents' application to set aside the summonses was not an abuse of process, but rather a legitimate exercise of their rights under the Civil and Administrative Tribunal Act 2013. The court further held that the respondents had not demonstrated any grounds for setting aside the summonses or for prohibiting the disclosure and publication of the names of officers and employees of iCare NSW.

The court refused the respondents' application to set aside the summonses and to prohibit the disclosure and publication of the names of officers and employees of iCare NSW. The court also made orders for the respondents to pay the applicant’s costs of the application.

Orders

Orders of the court

(1) The Respondent's Application for Miscellaneous Matters lodged on 12 January 2023 to set aside the two summonses issued by the Registrar of the Tribunal is refused.

(2) The Respondent's Application for Miscellaneous Matters lodged on 7 December 2022 (as amended on 17 January 2023) seeking four orders under ss61(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 is refused.

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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