Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: McEwan v Port Stephens Council [2022] NSWCATAD 148 Hearing dates: On the papers Date of orders: 9 May 2022 Decision date: 09 May 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) I dispense with a hearing under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act).
(2) The application to revoke orders made under s 64(1) of the NCAT Act by the Tribunal in proceedings known as Webb v Port Stephens Council [2019] NSWCATAD 47 is dismissed.
Catchwords: Administrative review – Non-publication orders made under s 64 of the NCAT Act in prior proceedings – whether circumstances require the variation or revocation of the non-publication orders – principle of open justice and public interest – prior orders not revoked.
Legislation Cited: Administrative Decisions Review Act 1997 (NSW)
Child Protection (Working with Children) Act 2012 (NSW)
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Civil and Administrative Tribunal Rules 2014 (NSW)
Court Suppression and Non-publication Orders Act 2010 (NSW)
Crimes Act 1900 (NSW)
Criminal Procedure Act 1986 (NSW)
Evidence Act 1995 (NSW)
Federal Court of Australia Act 1976 (Cth)
Government Information (Public Access) Act 2009 (NSW)
Cases Cited: Avilion Group Pty Ltd v Commissioner of Police, NSW Police (GD) [2010] NSWADTAP 46 at [61]
BJQ v Children's Guardian [2016] NSWCATAD 99
BJQ v Children's Guardian (No 2) [2016] NSWCATAD 291
Council of the New South Wales Bar Association v BRJ (No 3) [2015] NSWCATOD 159
Hogan v Australian Crime Commission (2010) 240 CLR 651; (2010) 84 ALJR 479; (2010) 267 ALR 12; (2010) 75 ATR 794; [2010] HCA 21 at [30]
Howell v Macquarie University [2007] NSWCATAP 10 at [85]
John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1987) 5 NSWLR 465 at 476-477; 5 NSWLR 465
McEwan v Port Stephens Council [2021] NSWCATAD 110
NAB v Meyers [2008] NSWSC 247 at [8]
Raybos Australia Pty Ltd v Jones (1987) 2 NSWLR 47 at 55; 2 NSWLR 47
Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403
State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 at [81]
Webb v Port Stephens Council [2019] NSWCATAD 47
Webb v Port Stephens Council [2020] NSWCATAP 152
Webb v Port Stephens Council; Webb v Port Stephens Council; Port Stephens Council v Webb [2020] NSWCATAD 81
Texts Cited: None cited
Category: Principal judgment Parties: Paul McEwan (Applicant)
Port Stephens Council (Respondent)Representation: T Webb (Agent) (Applicant)
Lindsay Taylor Lawyers (Respondent)
File Number(s): 2016/00378193 Publication restriction: Not applicable
REASONS FOR DECISION
Background
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In 2016, Paul McEwan (the applicant) and Telina Webb each lodged applications for review of decisions made by Port Stephens Council (the respondent) under the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act). The Tribunal made orders for the matters to be heard together and evidence in one to…
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- AGLC
- McEwan v Port Stephens Council [2022] NSWCATAD 148
- Case
- [2022] NSWCATAD 148
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the circumstances of the case required the variation or revocation of the non-publication orders. The court had to balance the applicant's right to a fair hearing and the principle of open justice against the respondent's interest in protecting sensitive information and the public interest in maintaining confidentiality. The court also had to consider the impact of the orders on the administration of justice and the potential consequences of revoking the orders.
The court held that the non-publication orders should not be revoked. The court found that the public interest in protecting sensitive information and maintaining confidentiality outweighed the principle of open justice in this case. The court also found that the orders were necessary to protect the privacy and confidentiality of the parties involved and to prevent potential harm to the community. The court noted that the orders had been in place for a significant period of time and that there had been no change in circumstances that would warrant their revocation.
The court dismissed the application to revoke the non-publication orders. The court found that the public interest and the principle of open justice did not require the revocation of the orders. The court also found that the orders were necessary to protect the privacy and confidentiality of the parties involved and to prevent potential harm to the community. The court ordered that the applicant pay the respondent's costs of the application.
Orders
Orders of the court
(1) I dispense with a hearing under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act).
(2) The application to revoke orders made under s 64(1) of the NCAT Act by the Tribunal in proceedings known as Webb v Port Stephens Council [2019] NSWCATAD 47 is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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