McEwan v Port Stephens Council [2022] NSWCATAP 300

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McEwan v Port Stephens Council [2022] NSWCATAP 300 Hearing dates: 2 September 2022 Date of orders: 14 September 2022 Decision date: 14 September 2022 Jurisdiction: Appeal Panel Before: T Simon, Principal Member M Gracie, Senior Member Decision: (1) Leave to Appeal is refused. (2) The Appeal is dismissed. (3) If the respondent seeks to press the costs of this appeal: (a) The respondent must provide to the Appeal Panel and the appellant any written submissions and documents, which the respondent intends to rely on in relation to the costs application within 7 days from the date of these orders. (b) The appellant is to provide to the Appeal Panel and the respondent any written submissions and documents, which the appellant intends to rely on in relation to the costs application within 14 days from the date of these orders. (c) The respondent is to provide to the Appeal Panel and the appellant any further any written submissions and documents, which the appellant intends to rely on in reply within 21 days from the date of these orders. (d) Submissions must include submissions concerning whether an order should be made under s 50(2) of the Civil and Administrative Tribunal Act, 2013 dispensing with a hearing. Catchwords: GOVERNMENT INFORMATION —application of s 107 of the Government Information (Public Access) Act 2009 (NSW) - revocation of non-publication orders - interlocutory decision – ancillary decision PROCEDURAL FAIRNESS — dispensing with an oral hearing - irrelevant matters – failure to deal with substance of the application – new evidence. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: AQO v Minister for Finance and Services [2016] NSWCA 248; (2016) 93 NSWLR 46 Italiano v Carbone [2005] NSWCA 177 Chapman v Taylor [2004] NSWCA 456 CLD v Children's Guardian [2017] NSWSC 936 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 Collins v Urban [2014] NSWCATAP 17 Danis v Commissioner of Police [2021] NSWCATAP 57 Craig v State of South Australia (1995) 184 CLR 163 GR v Secretary, Department of Families, Disabilities and Community Services (No 2) [2020] NSWCA 198 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 McEwan v Port Stephens Council [2017] NSWCATAD 269 McEwan v Port Stephens Council [2018] NSWCATAP 211 McEwan v Port Stephens Council [2021] NSWCATAD 110 McEwan v Port Stephens Council [2022] NSWCATAD 148 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Ritson v Commissioner of Police [2022] NSWCATAP 223 Webb v Port Stephens Council [2018] NSWCATAP 224 Webb v Port Stephens Council [2019] NSWCATAD 47 Webb v Port Stephens Council; Webb v Port Stephens Council; Port Stephens Council v Webb [2020] NSWCATAD 81. Webb v Port Stephens Council [2020] NSWCATAP 152 Texts Cited: None Category: Principal judgment Parties: Paul McEwan (Appellant) Port Stephens Council (Respondent) Representation: Solicitors: Telina Webb (Agent) (Appellant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2022/00158230 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Date of Decision: 9 May 2022 Before: M Riordan, Senior Member File Number(s): 2019/00017318