Jeray v Blue Mountains City Council [2024] NSWCATAP 66

Jeray v Blue Mountains City Council [2024] NSWCATAP 66

Mr Jeray was not denied procedural fairness by the Tribunal's failure to inform him about summons procedures, as he could have accessed this information, was experienced before the Tribunal, and suffered no practical injustice. The criteria for granting leave to appeal from interlocutory decisions were not satisfied.

Jurisdiction
Australia
Judgment Date
22 April 2024
Procedural Posture
Appeal / Leave to Appeal From Interlocutory Decisions in Tribunal Proceedings
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
['procedural Fairness' 'leave to Appeal' 'interlocutory Decisions' 'summons Procedures' 'self Represented Litigant Assistance']
['civil Procedure' 'administrative Law'] ['procedural Fairness' 'leave to Appeal' 'interlocutory Decisions' 'summons Procedures' 'self Represented Litigant Assistance']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal From Interlocutory Decisions in Tribunal Proceedings

Legal Issues

  1. 1 ['Whether the Tribunal denied Mr Jeray procedural fairness in making interlocutory directions' 'Whether leave to appeal should be granted from procedural (interlocutory) decisions']

Ratio Decidendi

Mr Jeray was not denied procedural fairness by the Tribunal's failure to inform him about summons procedures, as he could have accessed this information, was experienced before the Tribunal, and suffered no practical injustice. The criteria for granting leave to appeal from interlocutory decisions were not satisfied.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • ['A hearing is dispensed with on the remaining issues on appeal.' 'Leave to appeal from the interlocutory decisions of the Tribunal made on 28 February 2022 and 2 May 2022 is refused.' 'The appeal is dismissed.']