Kostov v Ecclesia Housing Limited (No 4) [2018] NSWCATAP 241
The application for orders restricting publication was dismissed because the applicant failed to provide evidence to substantiate claims of confidentiality, and the information sought to be restricted was already in the public domain. The principle of open justice prevailed.
- Parties
- Applicant: Adriana Kostov; Respondent: Ecclesia Housing Limited
- Jurisdiction
- Australia
- Judgment Date
- 09 October 2018
- Procedural Posture
- Appeal / Application for Confidentiality Orders Following Appeal Dismissal
- Outcome
- Application dismissed
- Legal Topics
- Publication Restriction, Open Justice, Confidentiality, Residential Tenancy, Suppression Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Adriana Kostov
Applicant
Ecclesia Housing Limited
Respondent
Procedural Posture
Appeal / Application for Confidentiality Orders Following Appeal Dismissal
Legal Issues
- 1 Whether grounds exist for orders restricting publication of Tribunal's reasons under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW)
- 2 Application of principle of open justice versus asserted confidentiality
Ratio Decidendi
The application for orders restricting publication was dismissed because the applicant failed to provide evidence to substantiate claims of confidentiality, and the information sought to be restricted was already in the public domain. The principle of open justice prevailed.
Court Disposition
Application dismissed
Orders
- The application requesting orders restricting publication of the reasons for the Appeal Panel's decision of 26 July 2018 in AP 18/28381 is dismissed.
Full Case Text
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