Jeray v Blue Mountains City Council [2023] NSWCATAP 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jeray v Blue Mountains City Council [2023] NSWCATAP 120 Hearing dates: 10 March 2023 Date of orders: 04 May 2023 Decision date: 04 May 2023 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President Dubler SC, Senior Member Decision: (1) A hearing is dispensed with. (2) The appellant's application for a summons to be issued is refused. (3) Within 7 days after publication of these reasons, the appellant, the respondent and the Information Commissioner may make submissions as to whether the Tribunal should dispense with a hearing on the substantive appeal. Catchwords: CIVIL PROCEDURE – summons to give evidence and produce documents – whether Information Commissioner compellable to give evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Government Information (Information Commissioner) Act 2009 (NSW) Government Information (Information Commissioner) Act 2009 (NSW) Ombudsman Act 1974 (NSW) Police Act 1990 (NSW) Cases Cited: Jeray v Blue Mountains City Council [2021] NSWCATAD 67 Jeray v Blue Mountains City Council [2021] NSWCATAP 310 Kaldas v Barbour [2017] NSWCA 275 Lonsdale v University of Sydney [2015] NSWCATAP 277 Texts Cited: Pearce and Geddes, Statutory Interpretation in Australia, (9th ed 2019 LexisNexis) Category: Procedural rulings Parties: Ivan Jeray (Appellant) Blue Mountains City Council (Respondent) Also heard: Information Commissioner (see s104(1), Government Information (Public Access) Act 2009) Representation: Counsel: M Bennett, (Respondent) J Kavanagh (Information Commissioner)