Corlett v Moubarak (no 2) [2023] NSWCATAP 54

Corlett v Moubarak (no 2) [2023] NSWCATAP 54

The applicant did not establish that publication would affect her health and safety; the medical material did not substantiate the claimed impact, the content of the reasons is not confidential or sensitive, and any possible embarrassment or private concern is insufficient to displace the presumption of open justice. NCAT’s practice and underlying public interest further support publication absent compelling reasons.

Jurisdiction
Australia
Judgment Date
25 January 2023
Procedural Posture
Application for Non Publication Order on Appeal / Post Appeal Consequential Order
Outcome
Application for non-publication and suppression order refused
Legal Topics
['non Publication Orders' 'suppression Orders' 'open Justice' 'residential Tenancies']
['practice and Procedure'] ['non Publication Orders' 'suppression Orders' 'open Justice' 'residential Tenancies']

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Procedural Posture

Application for Non Publication Order on Appeal / Post Appeal Consequential Order

Legal Issues

  1. 1 ['Whether it is desirable to make a non-publication and suppression order under s 64 of the NCAT Act in respect of the Tribunal’s reasons for decision on appeal']

Ratio Decidendi

The applicant did not establish that publication would affect her health and safety; the medical material did not substantiate the claimed impact, the content of the reasons is not confidential or sensitive, and any possible embarrassment or private concern is insufficient to displace the presumption of open justice. NCAT’s practice and underlying public interest further support publication absent compelling reasons.

Court Disposition

Application for non-publication and suppression order refused

Orders

  • ['The application made by the appellant for orders under s 64 of the NCAT Act is refused.']