Jeray v Blue Mountains City Council [2023] NSWCATAP 325

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jeray v Blue Mountains City Council [2023] NSWCATAP 325 Hearing dates: 10 March 2023 Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President Dr R Dubler SC, Senior Member Decision: 1. A hearing is dispensed with on each of the preliminary issues. 2. Leave to appeal from interlocutory decisions is refused. 3. The Tribunal makes the following directions: (1) By 29 January 2024, the appellant is to file and serve any submissions on ground 2 of the appeal including submissions as to whether a hearing should be dispensed with. (2) By 12 February 2024, the respondent is to file and serve any submissions on ground 2 of the appeal including submissions as to whether a hearing should be dispensed with. (3) The Information Commissioner may make submissions on this issue at the same time as the respondent if she so chooses. Catchwords: CIVIL PROCEDURE – whether Tribunal has jurisdiction to hear an appeal from a statement of the Tribunal that "The Information Commissioner appears and has a right to be heard in these proceedings but is hot a party" – whether such a statement is an internally appealable decision – whether leave should be given to appeal from interlocutory decisions by way of procedural directions - whether certain questions of law should be referred to the Supreme Court – whether the Appeal Panel members should recuse themselves 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 (Public Access) Act 2009 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Jeray v Blue Mountains City Council [2021] NSWCATAD 67 Jeray v Blue Mountains City Council [2021] NSWCATAP 310 Johnson v Johnson (2000) 201 CLR 488 Kaldas v Barbour [2017] NSWCA 275 Rice Marketing Board for the State of NSW v Forbidden Foods Pty Limited [2020] NSWCATAP 182 Zonnevylle v Secretary, Department of Education [2022] NSWCATAD157 Texts Cited: Nil Category: Procedural rulings Parties: Ivan Jeray (Appellant) Blue Mountains City Council (Respondent) Representation: Counsel: Ivan Jeray (in person) M Bennett (Respondent) J Kavanagh (Information Commissioner)