Manning v Bathurst Regional Council (No 2) [2018] NSWCATAD 177

Manning v Bathurst Regional Council (No 2) [2018] NSWCATAD 177

The information in issue in these proceedings was the same as in earlier proceedings between the same parties, and the only difference was that the current application sought the documents in full. Ms Manning accepted that the issue of access to the documents in full had effectively been determined in the earlier decision. The proceedings were therefore lacking in substance under s.55(1)(b) Civil and Administrative Tribunal Act 2013 and should be dismissed.

Jurisdiction
Australia
Judgment Date
31 July 2018
Procedural Posture
Application for Review Under the Government Information (public Access) Act 2009 (nsw) / Hearing on Dismissal of Proceedings
Outcome
The proceedings are dismissed.
Legal Topics
['government Information Access' 'lack of Substance' 'issue Previously Determined']
['administrative Law' 'government Information'] ['government Information Access' 'lack of Substance' 'issue Previously Determined']

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Procedural Posture

Application for Review Under the Government Information (public Access) Act 2009 (nsw) / Hearing on Dismissal of Proceedings

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed because the same issue concerning access to the information had effectively been determined in earlier proceedings.' 'Whether the proceedings were lacking in substance under s.55(1)(b) Civil and Administrative Tribunal Act 2013.']

Ratio Decidendi

The information in issue in these proceedings was the same as in earlier proceedings between the same parties, and the only difference was that the current application sought the documents in full. Ms Manning accepted that the issue of access to the documents in full had effectively been determined in the earlier decision. The proceedings were therefore lacking in substance under s.55(1)(b) Civil and Administrative Tribunal Act 2013 and should be dismissed.

Court Disposition

The proceedings are dismissed.

Orders

  • ['The proceedings are dismissed.']