Potier v Department of Corrective Services (GD) [2011] NSWADTAP 28

Potier v Department of Corrective Services (GD) [2011] NSWADTAP 28

It is premature to deal with the jurisdictional and interpretation issues at this interlocutory stage; the Tribunal should finalize the entirety of the application for review before any appeal is considered. Leave to make interlocutory appeal is refused.

Jurisdiction
Australia
Judgment Date
08 June 2011
Procedural Posture
Appeal / Application for Leave to Make Interlocutory Appeal
Outcome
Leave to make interlocutory appeal not granted
Legal Topics
['freedom of Information' 'interlocutory Appeal' 'jurisdiction']
['administrative Law'] ['freedom of Information' 'interlocutory Appeal' 'jurisdiction']

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Procedural Posture

Appeal / Application for Leave to Make Interlocutory Appeal

Legal Issues

  1. 1 ["Whether leave should be granted for an interlocutory appeal regarding the Tribunal's preliminary rulings under the Freedom of Information Act 1989." 'Whether the Tribunal has jurisdiction to consider claims of inadequate search for requested documents under the FOI Act.' 'Scope of interpretation of access requests under the FOI Act.']

Ratio Decidendi

It is premature to deal with the jurisdictional and interpretation issues at this interlocutory stage; the Tribunal should finalize the entirety of the application for review before any appeal is considered. Leave to make interlocutory appeal is refused.

Court Disposition

Leave to make interlocutory appeal not granted

Orders

  • ['Leave to make interlocutory appeal not granted']