Brazel v Sydney Water [2022] NSWCATAP 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brazel v Sydney Water [2022] NSWCATAP 180 Hearing dates: 6 May 2022 Date of orders: 30 May 2022 Decision date: 30 May 2022 Jurisdiction: Appeal Panel Before: I Coleman SC ADCJ, Principal Member Dr R Dubler SC, Senior Member Decision: 1. To the extent that an extension of time to lodge the Notice of Appeal is required, leave to extend such time is refused. 2. Leave to Appeal is refused. 3. The Appeal is dismissed. 4. Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 the disclosure of the material filed with the Appeal Panel on a confidential basis is restricted to the Respondent or the Respondent's legal representatives and the Appeal Panel. 5. The Appeal Panel directs: (a) The Respondent is to file and serve a cost application, including submissions and any evidence in support, within seven days of the date of these orders. (b) The Appellant is to file and serve any evidence and submissions in response within 14 days from the date of these orders. (c) The Respondent is to file any submissions in reply within 21 days from the date of these orders. (d) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with the hearing of the cost application. Catchwords: APPEAL – government information – whether the Tribunal failed to afford procedural fairness – whether the Tribunal was wrong to make confidentiality orders or conduct or receive confidential evidence – whether the Tribunal was wrong to dispense with a hearing pursuant to s 50(1) of the Civil and Administrative Tribunal Act 2013 (NSW) - whether error in fact finding – meaning of 'reveal' and 'personal information' under the Government Information (Public Access) Act 2009 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Rules 2014 Government Information (Public Access) Act 2009 Cases Cited: Beale v Government Insurance Office of NSW (1997) 148 NSWLR 430 Bellamy v Bellamy (2018) NSWSC 534 Brazel v Sydney Water Corporation [2021] NSWCATAP 13 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Donnellan v Ku ring gai Council [2013] NSWADT 115 EMF v Cessnock City Council [2021] NSWCATAP 234 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v The King (1936) 55 CLR 499 Jackson v Land and Housing Corporation (NSW) [2014] NSWCATAP 22 Kelly v Szatow [2020] NSWSC 407 Liang v University of Technology, Sydney [2018] NSWCATAP 285 NSW Land and Housing Corporation v Orr [2019] NSWCA 321 Pollock v Hicks [2015] NSWCA 122 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 State of New South Wales (Justice Health) v Dezfouli (2008) NSWADTAP 69 Texts Cited: None cited Category: Principal judgment Parties: Thomas Brazel (Appellant) Sydney Water (Respondent) Representation: Appellant (self-represented)