Secretary, Department of Communities and Justice v Feeney [2021] NSWCATAP 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Secretary, Department of Communities and Justice v Feeney [2021] NSWCATAP 139 Hearing dates: 16 April 2021 Date of orders: 18 May 2021 Decision date: 18 May 2021 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President A Britton, Principal Member Decision: The appeal is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) as misconceived or lacking in substance. Catchwords: APPEAL – moot appeal – where agency had complied with Tribunal's orders, but sought to appeal – power of Appeal Panel to determine appeal – general rule - discretion to hear a moot appeal – factors to be taken into account Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Bass v Permanent Trustee Company Ltd (1999) 198 CLR 334; [1999] HCA 9 Commissioner of Police v Danis [2017] NSWCATAP 7 Commissioner of Taxation v Industrial Equity ltd (2000) 98 FCR 573; [2000] FCA 420 Gardner v Dairy Industry Authority of New South Wales [1977] 18 ALR 55 Hunter Development Corporation v Save our Rail NSW Incorporated (No 2) [2016] NSWCA 375; 93 NSWLR 704 Jardin v Metcash Ltd (2011) 285 ALR 677; [2011] NSWCA 409 People with Disability Australia Incorporated v Minister for Disability Services [2011] NSWCA 253 Texts Cited: None cited Category: Principal judgment Parties: Secretary, Department of Communities and Justice (Apopellant) Steven Feeney (Respondent) Representation: Counsel: D Birch (Appellant) B Tronson (Respondent)