Australian Press Council Inc v Southey [2022] NSWCATAP 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Australian Press Council Inc v Southey [2022] NSWCATAP 127 Hearing dates: 8 April 2022 Date of orders: 8 April 2022 Decision date: 29 April 2022 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member Dr J Lucy, Senior Member Decision: The appeal is dismissed. Catchwords: APPEAL – where appellant appealed from decision in its favour – whether appellant entitled to appeal from an adverse finding in the Tribunal's reasons for decision – whether adverse finding was an internally appealable decision – meaning of "decision" in Civil and Administrative Tribunal Act 2013 (NSW) – whether Appeal Panel has power to make an order in the nature of a declaration - Whether appeal was moot Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth) Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Commercial Tribunal Act 1984 (NSW) (repealed) Legal Profession Act 1987 (NSW) (repealed) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian Securities & Investments Commission v P Custom Credit Corporation Ltd v Commercial Tribunal of New South Wales (1993) 32 NSWLR 489 Dawson Nominees Pty Ltd [2009] FCAFC 183 Daley v Hughes (2014) 86 NSWLR 729; [2014] NSWCA 268 Dibb v Transport for NSW (No 2) [2022] NSWCATAP 89 Driclad Pty Ltd v Commissioner of Taxation (1968) 121 CLR 45 R v Ireland (1970) 126 CLR 321 Secretary, Department of Communities and Justice v Feeney [2021] NSWCATAP 139 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Australian Press Council Inc (Appellant) Claire Southey (Respondent) Representation: Counsel: C Ronalds AO SC (Appellant)