Office of Environment and Heritage v Scenic NSW Pty Ltd [2019] NSWCATAP 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Office of Environment and Heritage v Scenic NSW Pty Ltd [2019] NSWCATAP 87 Hearing dates: On papers Date of orders: 15 April 2019 Decision date: 15 April 2019 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President Decision: The application by Ms Kirkby and Mr Gibbs to be joined as parties to these proceedings is refused. Note: Ms Kirby and Mr Gibbs have the right to appear and be heard in the Appeal Panel proceedings pursuant to s 104(3) of the Government Information (Public Access) Act 2009 (NSW). Catchwords: PRACTICE AND PROCEDURE – joinder- where 3rd parties object to government agency disclosing information under Government Information (Public Access) Act 2009 – where 3rd parties not parties to first instance decision on jurisdiction – whether applicant for access appealed from first instance decision – whether 3rd parties should be joined to the appeal proceedings Legislation Cited: Government Information (Public Access) Act 2009 Civil and Administrative Tribunal Rules 2014 Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: CBL v Sydney Water Corporation [2016] NSWCATAD 287 Commissioner of Police New South Wales Police Force v Fine and Anor [2014] NSWCA 327 DNY v Public Guardian [2018] NSWCATAD 254 Marrickville Council v Botany Council [2015] NSWCATAD 144 Category: Procedural and other rulings Parties: Office of Environment and Heritage (Appellant) Scenic NSW Pty Ltd (Respondent) Information Commissioner Representation: Counsel: J Reid (Respondent)