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Administrative Decisions Tribunal Act 1997 (repealed)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
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)
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
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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).
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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).
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On 12 January 2023 the Respondent filed an Application for Miscellaneous Matters requesting that both of the Summonses be set…
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- AGLC
- Webb v iCare NSW [2023] NSWCATAD 63
- Case
- [2023] NSWCATAD 63
- Decision Date
CaseChat Overview and Summary
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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