Full Court Minute Books

Case S39/2024

State of New South Wales v. Wojciechowska & Ors

Case No.


Case Information

Lower Court Judgment

17/08/2023 Supreme Court of New South Wales (Court of Appeal) (Mitchelmore JA, Kirk JA, Griffiths AJA)

[2023] NSWCA 191


Constitutional law – Judicial Power of Commonwealth – Where first respondent resided in Tasmania – Where first respondent commenced various proceedings in New South Wales Civil and Administrative Tribunal ("Tribunal") against third and fourth respondents, emanations of State of New South Wales – Where first respondent sought review of various decisions and conduct under Government Information (Public Access) Act 2009 (NSW) ("GIPA Act") and Privacy and Personal Information Protection Act 1998 (NSW) ("PPIP Act") – Where claim included claim for damages under s 52(2)(a) PPIP Act – Where first respondent challenged jurisdiction of Tribunal on basis functions performed by Tribunal when determining administrative review applications under GIPA Act and PPIP Act involved exercise of judicial power – Where Court of Appeal held determining administrative review under GIPA Act did not involve exercise of judicial power – Where Court of Appeal held determination of application for damages under s 55(2)(a) of PPIP Act brought by out-of-state resident would involve Tribunal exercising judicial power of Commonwealth – Whether Burns v Corbett (2018) 265 CLR 304applies to exercise of non-judicial power – Whether Court of Appeal erred in holding Tribunal, when performing at instance of out-of-State resident claiming damages review of public sector agency conduct under Pt 5 of PPIP Act and Administrative Decisions Review Act 1997 (NSW) exercises Commonwealth judicial power.

Courts – State tribunals – Jurisdiction.


07/03/2024 Determination

21/03/2024 Notice of appeal

22/03/2024 Hearing (Single Justice, Canberra by remote connection)

24/04/2024 Written submissions (Appellant)

24/04/2024 Chronology (Appellant)

22/05/2024 Written submissions (Respondents)

12/06/2024 Reply

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