Kenny v Trip A Deal Pty Ltd [2021] NSWCATCD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kenny v Trip A Deal Pty Ltd [2021] NSWCATCD 60 Hearing dates: 26 August 2021 Date of orders: 1 September 2021 Decision date: 01 September 2021 Jurisdiction: Consumer and Commercial Division Before: M Harrowell, Deputy President Decision: The application for permission to publish or transmit a sound recording proceedings before the Tribunal or documents filed in the proceedings is dismissed Catchwords: PRACTICE AND PROCEDURE – Court Security Act 2005 – permission to publish or transmit the sound recording of proceedings in the Tribunal – relevant considerations – principle of open justice – use for education and law reform purposes PRACTICE AND PROCEDURE – access of documents by party and non-party – use of documents filed by parties in proceedings – implied undertaking – permissibility of publication of documents not received into evidence – release from implied undertaking Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Court Security Act 2005 (NSW) Cases Cited: Application of Fairfax Media Publications Pty Ltd; NSW Crime Commission v Yucel [2017] NSWSC 1779 Esso Australia Resources Ltd v Plowman [1995] HCA 19; (1995) 183 CLR 10 Hearne v Street [2008] HCA 36; (2008) 235 CLR 125 John Fairfax & Sons Pty Ltd v Police Tribunal of NSW (1986) 5 NSWLR 465 John Fairfax Publications Pty Ltd v Ryde Local Council [2005] NSWCA 101; (2005) 62 NSWLR 512 Kenny v Trip A Deal Pty Ltd [2021] NSWCATCD 59 Zonnevylle v Department of Justice [2019] NSWCATAP 44 Texts Cited: Nil Category: Consequential orders Parties: Seamus Kenny (First Applicant) Phillip Houghton (Second Applicant) Steven Smethurst (Third Applicant) Trip A Deal (Respondent) Representation: First Applicant (for all Applicants) D Wilton (Solicitor) (Respondent)