Kaldas v Barbour [2016] NSWSC 1880

Kaldas v Barbour [2016] NSWSC 1880

While there was at least one serious question to be tried as to the Ombudsman's statutory powers and procedural fairness, the balance of convenience and compelling public interest in impartial reporting to Parliament outweighed the plaintiff's interest in interlocutory restraint. Additionally, delays by the plaintiff and legal remedies available after publication diminished the case for relief. The application for interlocutory injunction was dismissed.

Parties
Plaintiff: Naguib (Nick) Kaldas; Defendant: Bruce Barbour; Defendant: Ombudsman NSW (Professor John McMillan, Acting Ombudsman); Defendant: Linda Waugh; Defendant: Attorney-General for NSW
Jurisdiction
Australia
Judgment Date
20 December 2016
Procedural Posture
Civil / Application for Interlocutory Relief
Outcome
Application for interlocutory relief dismissed
Legal Topics
Interlocutory Injunctions, Judicial Review, Ombudsman Investigations, Public Interest, Procedural Fairness
Practice and Procedure Administrative Law Interlocutory Injunctions Judicial Review Ombudsman Investigations Public Interest Procedural Fairness

Case Brief

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Parties

Naguib (Nick) Kaldas

Plaintiff

Bruce Barbour

Defendant

Ombudsman NSW (Professor John McMillan, Acting Ombudsman)

Defendant

Linda Waugh

Defendant

Attorney-General for NSW

Defendant

Procedural Posture

Civil / Application for Interlocutory Relief

Legal Issues

  1. 1 Whether plaintiff is entitled to interlocutory injunction restraining the Ombudsman from providing a report to Parliament regarding Operation Prospect
  2. 2 Whether there is a serious question to be tried in relation to Ombudsman's powers and procedural fairness
  3. 3 Whether the balance of convenience favours granting interlocutory relief

Ratio Decidendi

While there was at least one serious question to be tried as to the Ombudsman's statutory powers and procedural fairness, the balance of convenience and compelling public interest in impartial reporting to Parliament outweighed the plaintiff's interest in interlocutory restraint. Additionally, delays by the plaintiff and legal remedies available after publication diminished the case for relief. The application for interlocutory injunction was dismissed.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • Application for interlocutory injunction dismissed
  • Parties to bring in short minutes of order to deal with further procedural requirements