Charteris v. General Manager, Leichhardt Municipal Council (GD) [2001] NSWADTAP 12

Appeal Panel

CITATION: Charteris v. General Manager, Leichhardt Municipal Council (GD) [2001] NSWADTAP 12 APPELLANT Geoffrey Ivan Charteris PARTIES: RESPONDENT General Manager, Leichhardt Municipal Council FILE NUMBER: 009030 HEARING DATES: 05/12/2000 SUBMISSIONS CLOSED: 12/24/2000 DATE OF DECISION: 05/17/2001

Review of refusal of access to documents; ruling as to costs DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President) at 1; Goode P - Judicial Member at 1; Mapperson K - Member at 1 CATCHWORDS: application of common law test - costs - leave to appeal out of time - statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 993259 DATE OF DECISION UNDER APPEAL: 06/22/2000 Administrative Decisions Tribunal Act 1997 District Court Act 1973 LEGISLATION CITED : Evidence Act Freedom of Information Act 1989 Roads Act 1993 Mangoplah Pastoral Company Pty Ltd v Great Southern Energy [1999] NSWADT 93 Daykin v SAS Trustee Corporation [2000] NSWADT 51 Grant v Downs (1976) 135 CLR 674 Esso Australia Resources Ltd v Commissioner of Taxation [1999] HCA 67 Chief Executive, SAS Trustee Corporation v Dayking [2000] NSWADTAP 20 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 CASES CITED: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Yates Property Corporation Pty Ltd (In Liq) v Darling Harbour Authority (1991) 24 NSWLR 156 Huntsman Chemical v International Pools (1995) 36 NSWLR 242 Gallo v Dawson (1990) 64 ALJR 458 Lloyd v Veterinary Surgeons Investigating Committee [1999] NSWADTAP 2 R v A & B [1999] NSWADTAP 3 Graham v Director General, Department of Community Services [2001] NSWADTAP 4 KBRV Resort Operations v Chilcott [2001] NSWCA 116 APPLICANT REPRESENTATION: P Singleton, barrister RESPONDENT C Ronalds, barrister ORDERS: 1 The decision of the Tribunal is affirmed with the following exception; 2 The Tribunal's decision in relation to Documents 1, 27 and 54 be set aside The respondent is directed after 28 days to release those documents; 3 Registrar directed to ascertain from the parties what procedure is preferred for the remaining matter (the costs appeal)