Jeray v Blue Mountains City Council [2024] NSWCATAP 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jeray v Blue Mountains City Council [2024] NSWCATAP 66 Hearing dates: On papers after 18 April 2024 Date of orders: 22 April 2024 Decision date: 22 April 2024 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President Dr R Dubler SC, Senior Member Decision: (1) A hearing is dispensed with on the remaining issues on appeal. (2) Leave to appeal from the interlocutory decisions of the Tribunal made on 28 February 2022 and 2 May 2022 is refused. (3) The appeal is dismissed. Catchwords: CIVIL PROCEDURE — leave sought to appeal from interlocutory decisions — procedural fairness — scope of duty of Tribunal to assist self-represented party Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Flightdeck Geelong Pty Ltd v All Options Pty Ltd [2020] FCAFC 138 Jeray v Blue Mountains City Council [2023] NSWCATAP 120 Jeray v Blue Mountains City Council [2023] NSWCATAP 325 Kioa v West (1985) 159 CLR 550 Lee v Cha [2008] NSWCA 13 Texts Cited: Nil Category: Principal judgment Parties: Ivan Jeray (Appellant) Blue Mountains City Council (Respondent) Representation: Counsel: M Bennett (Respondent)

Solicitors: Appellant (self-represented) Marsdens (Respondent) File Number(s): 2022/00157358 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: N/A Date of Decision: 28 February 2022, 02 May 2022 Before: S Montgomery, Senior Member S Higgins, Senior Member File Number(s): 2022/00027706