Joseph v Kiama Municipal Council [2024] NSWCATAP 40

Joseph v Kiama Municipal Council [2024] NSWCATAP 40

The Appeal Panel refused leave and dismissed both appeals because the Respondent did not require leave to apply to set aside the Registrar-issued summonses, the summonses lacked apparent relevance and utility to the GIPA review and were impermissibly directed to collateral matters including an attempted s 112 investigation, and the Appellant did not establish any error of law, procedural unfairness, bias, inadequate reasons, or basis for leave in relation to the Tribunal's handling of privilege, confidential material, searches, public interest considerations or affirmation of the Respondent's GIPA decisions.

Jurisdiction
Australia
Judgment Date
15 March 2024
Procedural Posture
Internal Appeals From Decisions of the New South Wales Civil and Administrative Tribunal, Administrative and Equal Opportunity Division, Concerning Summonses to Produce Documents and Administrative Review of Access Decisions Under the Government Information (public Access) Act 2009 (nsw). / Appeal Panel; Applications for Leave to Appeal and Appeals Determined.
Outcome
In respect of both appeals, leave to appeal refused and both appeals dismissed.
Legal Topics
['government Information Access Under the GIPA Act' 'summonses to Produce Documents' 'leave to Appeal From Interlocutory Decisions' 'legal Professional Privilege and Waiver' 'procedural Fairness' 'apprehended Bias and Recusal' 'adequacy of Reasons' 'reasonable Searches for Documents' 'confidential Hearings' 'section 112 of the Government Information (public Access) Act 2009 (nsw)']
['administrative Law' 'information Access' 'civil Procedure' 'evidence'] ['government Information Access Under the GIPA Act' 'summonses to Produce Documents' 'leave to Appeal From Interlocutory Decisions' 'legal Professional Privilege and Waiver' 'procedural Fairness' 'apprehended Bias and Recusal' 'adequacy of Reasons' 'reasonable Searches for Documents' 'confidential Hearings' 'section 112 of the Government Information (public Access) Act 2009 (nsw)']

Case Brief

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Procedural Posture

Internal Appeals From Decisions of the New South Wales Civil and Administrative Tribunal, Administrative and Equal Opportunity Division, Concerning Summonses to Produce Documents and Administrative Review of Access Decisions Under the Government Information (public Access) Act 2009 (nsw). / Appeal Panel; Applications for Leave to Appeal and Appeals Determined.

Legal Issues

  1. 1 ['Whether the Respondent required leave to apply to set aside summonses issued by a Registrar.' 'Whether leave to appeal should be granted from the interlocutory decision setting aside the summonses.' 'Whether the summonsed documents had apparent relevance or utility in the GIPA administrative review proceedings.' 'Whether claims of legal professional privilege and waiver were properly dealt with, including in a confidential hearing.' 'Whether the Tribunal denied procedural fairness or gave inadequate reasons.' 'Whether the Tribunal member should have recused herself for actual or apprehended bias.' 'Whether the Tribunal erred in its approach to s 112 of the Government Information (Public Access) Act 2009 (NSW).' "Whether the Tribunal erred in affirming the Respondent's GIPA access decisions, including findings about reasonable searches, personal factors, consultation and public interest considerations."]

Ratio Decidendi

The Appeal Panel refused leave and dismissed both appeals because the Respondent did not require leave to apply to set aside the Registrar-issued summonses, the summonses lacked apparent relevance and utility to the GIPA review and were impermissibly directed to collateral matters including an attempted s 112 investigation, and the Appellant did not establish any error of law, procedural unfairness, bias, inadequate reasons, or basis for leave in relation to the Tribunal's handling of privilege, confidential material, searches, public interest considerations or affirmation of the Respondent's GIPA decisions.

Court Disposition

In respect of both appeals, leave to appeal refused and both appeals dismissed.

Orders

  • ['In respect of both appeals, leave to appeal refused.' 'Both appeals dismissed.' 'If the Respondent seeks costs of the appeals the Respondent must file and serve written submissions not exceeding 20 pages within 21 days.' "If the Appellant opposes the Respondent's costs application the Appellant must file and serve...