McEwan v Port Stephens Council [2022] NSWCATAD 148

McEwan v Port Stephens Council [2022] NSWCATAD 148

The Tribunal dismissed the application because the prior GIPA Act dispute had been finally determined in March 2019, the Tribunal had no power in this application to reconsider the evidence or determine whether the information protected by the non-publication orders was confidential or whether s 107 of the GIPA Act would be breached, and the applicant had not established extraordinary or exceptional circumstances sufficient to justify revocation of the s 64(1) orders. The issues could be adequately determined on the papers, and the respondent's late submissions caused no real prejudice.

Jurisdiction
Australia
Judgment Date
09 May 2022
Procedural Posture
Miscellaneous Application to Revoke Non Publication Orders Made Under S 64(1) of the Civil and Administrative Tribunal Act 2013 (nsw) in Prior GIPA Act Administrative Review Proceedings / Determined on the Papers; Final Decision Dismissing the Application
Outcome
Application dismissed; hearing dispensed with.
Legal Topics
['non Publication Orders' 'open Justice' 'dispensing With a Hearing' 'government Information (public Access) Act 2009 (nsw)' 'ncat Jurisdiction' 'revocation of Suppression or Non Publication Orders']
['administrative Law' 'government Information Access' 'civil Procedure'] ['non Publication Orders' 'open Justice' 'dispensing With a Hearing' 'government Information (public Access) Act 2009 (nsw)' 'ncat Jurisdiction' 'revocation of Suppression or Non Publication Orders']

Case Brief

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Procedural Posture

Miscellaneous Application to Revoke Non Publication Orders Made Under S 64(1) of the Civil and Administrative Tribunal Act 2013 (nsw) in Prior GIPA Act Administrative Review Proceedings / Determined on the Papers; Final Decision Dismissing the Application

Legal Issues

  1. 1 ['Whether the Tribunal should dispense with a hearing under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether late submissions filed by the respondent should be struck out or disregarded.' 'Whether circumstances required or justified revocation of non-publication orders made under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) in Webb v Port Stephens Council [2019] NSWCATAD 47.' 'Whether the Tribunal had power in this application to reconsider evidence or confidentiality issues from the finally determined GIPA Act proceedings.']

Ratio Decidendi

The Tribunal dismissed the application because the prior GIPA Act dispute had been finally determined in March 2019, the Tribunal had no power in this application to reconsider the evidence or determine whether the information protected by the non-publication orders was confidential or whether s 107 of the GIPA Act would be breached, and the applicant had not established extraordinary or exceptional circumstances sufficient to justify revocation of the s 64(1) orders. The issues could be adequately determined on the papers, and the respondent's late submissions caused no real prejudice.

Court Disposition

Application dismissed; hearing dispensed with.

Orders

  • ['I dispense with a hearing under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act).' 'The application to revoke orders made under s 64(1) of the NCAT Act by the Tribunal in proceedings known as Webb v Port Stephens Council [2019] NSWCATAD 47 is dismissed.']