Webb v Port Stephens Council; Webb v Port Stephens Council; Port Stephens Council v Webb [2020] NSWCATAD 81

Webb v Port Stephens Council; Webb v Port Stephens Council; Port Stephens Council v Webb [2020] NSWCATAD 81

Ms Webb habitually and persistently lodged meritless applications and complaints under the GIPA Act, focused on the identity of objectors to her development application. Her conduct was found to be vexatious and had a substantial negative impact on Council resources. The statutory preconditions for a restraint order under s 110 GIPA Act were satisfied as at least three recent applications lacked merit. The review and contempt applications lacked substance and were vexatious, warranting dismissal.

Jurisdiction
Australia
Judgment Date
11 March 2020
Procedural Posture
Administrative Review and Restraint Application / Final Orders and Reasons for Decision
Outcome
Restraint order made; applications dismissed; costs reserved
Legal Topics
['gipa Act Applications' 'vexatious Proceedings' 'restraint Orders' 'review of Administrative Decisions' 'contempt of Tribunal']
['administrative Law' 'information Law'] ['gipa Act Applications' 'vexatious Proceedings' 'restraint Orders' 'review of Administrative Decisions' 'contempt of Tribunal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review and Restraint Application / Final Orders and Reasons for Decision

Legal Issues

  1. 1 ['Whether the applications by Ms Webb were frivolous, vexatious or lacking in substance' "Whether Ms Webb's conduct warranted a restraint order under s 110 GIPA Act" 'Whether Port Stephens Council was in contempt of Tribunal orders']

Ratio Decidendi

Ms Webb habitually and persistently lodged meritless applications and complaints under the GIPA Act, focused on the identity of objectors to her development application. Her conduct was found to be vexatious and had a substantial negative impact on Council resources. The statutory preconditions for a restraint order under s 110 GIPA Act were satisfied as at least three recent applications lacked merit. The review and contempt applications lacked substance and were vexatious, warranting dismissal.

Court Disposition

Restraint order made; applications dismissed; costs reserved

Orders

  • ['Telina Webb is not permitted to make an access application to Port Stephens Council under the Government Information (Public Access) Act 2009 without NCAT approval, whether solely or jointly or in concert with any other person.' 'Applications 2019/00174496 and 2019/00174490 are dismissed.' 'Costs are reserved with...