Place v Department of Finance, Services and Innovation (No. 2) [2017] NSWCATAD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Place v Department of Finance, Services and Innovation (No. 2) [2017] NSWCATAD 21 Hearing dates: 22 December 2016 Date of orders: 12 January 2017 Decision date: 12 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Prof G. Walker, Senior Member Decision: (1) The respondent department's application under s 63 of the CAT Act is granted. (2) The applicant's cross-applications are dismissed, except for his application for written reasons. (3) Paragraph 173 of the principal decision open reasons dated 29 November 2016 is corrected by deleting the quoted passage and substituting the words "Not for publication". (4) Paragraph 173 of the principal decision confidential reasons dated 29 November 2016 is corrected by inserting the words "Not for publication" immediately before the quoted passage. (5) Order (6) in the principal decision is renumbered (7) and a new Order (6) in the following terms is inserted: "(6) The quoted passage in paragraph 173 is not for publication". Catchwords: CONSEQUENTIAL ORDERS – slip rule principles – publication restriction – correction. Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Batagol & McGill v Monk [2000] VSC 48; Body Corporate Strata Plan (No. 334479D) v Sedara's Concrete Constructions Pty Ltd [2000] VCAT 45; Constantinidis v MMMMM Pty Ltd [2010] VCAT 181; Elyard Corporation Pty Ltd v DBB Needham Sydney Pty Ltd (1995) 61 FCR 385; Hearne v Street [2008] HCA 36; Place v Department of Finance, Services and Innovation [2016] NSWCATAD 278; R v Cripps; ex parte Muldoon [1984] QB 686; Riga v Peninsula Home Improvements [2000] VCAT 56; Shaddock & Associates Pty Ltd v Parramatta City Council (No. 2) [1982] HCA 59, (1983) 151 CLR 590. Category: Consequential orders (other than Costs) Parties: Dr Anthony Place (Applicant/Respondent) Department of Finance, Services and Innovation (Respondent/Applicant) Representation: Solicitors: Ms B Bourke (Respondent) Dr Anthony Place (Applicant/Respondent in person) File Number(s): 201600378040