Minister for Education and Early Childhood Learning v Zonnevylle

(2020) 103 NSWLR 91; [2020] NSWCA 232

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Administrative tribunals
3. › Power to dismiss proceedings as vexatious
4. › Collateral purpose principle
5. › Whether persistence in claims previously dismissed as bad in law falls within scope of collateral purpose
6. › Civil and Administrative Tribunal Act 2013 (NSW), s 55(1)(b)
1. Administrative Law
2. › Administrative tribunals
3. › Power to dismiss proceedings as vexatious
4. › Relevance of history of prior litigation
5. › Whether prior litigation history logically probative of purpose in maintaining current proceedings
6. › Civil and Administrative Tribunal Act 2013 (NSW), s 55(1)(b)
1. Administrative Law
2. › Government information
3. › Access to information
4. › Review of decision
5. › Proceedings maintained for collateral purpose of re-litigating allegations of misconduct
6. › Government Information (Public Access) Act 2009 (NSW), ss 63, 80

Quick Take

Practitioners appearing before NCAT should note that persistence in claims previously dismissed as bad in law, combined with a history of similar conduct in prior proceedings, may warrant dismissal of proceedings as vexatious under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW).