Styles v Wollondilly Shire Council [2017] NSWCATAP 108

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Styles v Wollondilly Shire Council [2017] NSWCATAP 108 Hearing dates: 26 September 2016 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Appeal Panel Before: S Higgins, Principal Member D Fairlie, Senior Member Decision: (1) The appellant's appeal is allowed in part. (2) Order 1 made by the Tribunal below is set aside. (3) Order 2 made by the Tribunal below is varied by deleting the words "16 June 2016" at the end of the second sentence and inserting the words "21 days after the publication of the Appeal Panel's decision." (4) The appellant to pay the respondent's costs of the appeal and application for leave to appeal as agreed or assessed under the legal costs legislation. Catchwords: APPEAL – appeal from decision of the Tribunal in the Administrative and Equal Opportunity Division concerning the appellant's application for review of the decision of the respondent to request an advance deposit in dealing with appellant's application for access to specified government information under the Government Information (Public Access) Act 2009 (GIPA Act – scope of access request – whether excessive and unnecessary searches conducted by the respondent – no errors of law or fact identified

Jurisdiction - whether Tribunal had power to make an order setting aside a decision of the respondent which was not the subject of the appellant's application for review and which the respondent conceded had been made in error, contrary to s 70(1) of the GIPA Act

Costs – a finding of special circumstances warranting an award of costs in favour of the respondent Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: ACT Builders v Haridemos (No 2) [2016] NSWCATAP 118 Amad El Ahmad t/as Cars for Everyone v Imelda Reyes [2015] NSWCATAP 50 Collins v Urban [2014] NSWCATAP 17 Cripps v G & M Mawson [2006] NSWCA 84 Gallo v Duflou [2014] NSWCATAP 115 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Category: Principal judgment Parties: Lynette Styles (Appellant) Wollondilly Shire Council (Respondent) Representation: Counsel: Solicitors: L Styles (Appellant in person) Lindsay Taylor Lawyers (Respondent) File Number(s): AP 16/27794 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2016] NSWCATAD 182 Date of Decision: 19 May 2016 Before: S Montgomery, Senior Member File Number(s): 1510813