Jeray v Blue Mountains City Council [2023] NSWCATAP 120

Jeray v Blue Mountains City Council [2023] NSWCATAP 120

The documents sought by Mr Jeray concerned the Information Commissioner appearing and being heard in identified NCAT proceedings and would have been obtained by the Commissioner in the course of exercising functions under the GIPA Act. Under s 41 of the Government Information (Information Commissioner) Act 2009 (NSW), the Information Commissioner was not competent or compellable to give that evidence or produce that information, so the application for a summons was refused.

Jurisdiction
Australia
Judgment Date
04 May 2023
Procedural Posture
Internal Appeal; Procedural Ruling on Application for Summons / Appeal Panel Determination on the Papers Under S 50(2) of the Civil and Administrative Tribunal Act 2013 (nsw)
Outcome
Application for summons refused; hearing on the summons application dispensed with.
Legal Topics
['summons to Give Evidence and Produce Documents' 'competence and Compellability of Information Commissioner' 'dispensing With a Hearing' 'ncat Procedure']
['civil Procedure' 'administrative Law' 'government Information Access'] ['summons to Give Evidence and Produce Documents' 'competence and Compellability of Information Commissioner' 'dispensing With a Hearing' 'ncat Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Internal Appeal; Procedural Ruling on Application for Summons / Appeal Panel Determination on the Papers Under S 50(2) of the Civil and Administrative Tribunal Act 2013 (nsw)

Legal Issues

  1. 1 ['Whether a hearing should be dispensed with for the application for a summons to be issued.' 'Whether the Tribunal has power to give directions when a Registrar has refused an application for a summons.' 'Whether the Information Commissioner may make submissions opposing the issue of a summons without being joined as a party.' 'Whether the Information Commissioner is legally permitted or compellable to give evidence or produce documents in these proceedings.' 'Whether documents referring to the Information Commissioner appearing and being heard in identified NCAT proceedings were information obtained in the course of the exercise of statutory functions.']

Ratio Decidendi

The documents sought by Mr Jeray concerned the Information Commissioner appearing and being heard in identified NCAT proceedings and would have been obtained by the Commissioner in the course of exercising functions under the GIPA Act. Under s 41 of the Government Information (Information Commissioner) Act 2009 (NSW), the Information Commissioner was not competent or compellable to give that evidence or produce that information, so the application for a summons was refused.

Court Disposition

Application for summons refused; hearing on the summons application dispensed with.

Orders

  • ['A hearing is dispensed with.' "Mr Jeray's application for a summons to be issued is refused." 'Within 7 days after publication of these reasons, the appellant, the respondent and the Information Commissioner may make submissions as to whether the Tribunal should dispense with a hearing on the substantive appeal.']