NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v Port Stephens Council; Webb v Port Stephens Council; Port Stephens Council v Webb [2020] NSWCATAD 81 Hearing dates: 17 December 2019, 24 February 2020 Date of orders: 11 March 2020 Decision date: 11 March 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: The Hon F Marks, Principal Member Decision: (1) Telina Webb is not permitted to make an access application to Port Stephens Council under the provisions of the Government Information (Public Access) Act 2009 whether solely on her own behalf or acting jointly or in concert with any other person without first obtaining the approval of the NSW Civil and Administrative Tribunal. (2) Applications 2019/00174496 and 2019/00174490 are dismissed. (3) Costs are reserved with liberty to apply which must be exercised within one month of this date. Catchwords: GIPA Act applications – application for review and referral for contempt based on non-compliance of orders of Tribunal - held both applications dismissed because they lacked substance and were vexatious. GIPA Act application for restraint order under section 110 – held conduct of person making applications justified the making of a restraint order-order made. Costs reserved Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Civil and Administrative Tribunal Act (NSW) Cases Cited: Webb V Port Stephens Council [2019] NSWCATAD 47 Attorney General in and for the State of New South Wales v Klewer (No 3) [2010] NSWSC 9. Bott v NSW Land and Housing Corporation [2017] NSWCATCD 88. Texts Cited: None cited Category: Principal judgment Parties: In matters 2017/00174496; 2019/00174490: Telina Webb (Applicant) Port Stephens Council (Respondent)
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