Port Stephens Council v Webb

[2021] NSWCATAD 180

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Port Stephens Council v Webb [2021] NSWCATAD 180

Hearing dates:

10 December 2020

Date of orders:

25 June 2021

Decision date:

25 June 2021

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

S Goodman SC, Senior Member

Decision:

(1)   The applicant has leave to amend its application    dated 3 December 2019 by the deletion of sub-   paragraph 1(b); and

(2)   The application is dismissed.

Catchwords:

ADMINISTRATIVE LAW – access applications – application for restraint order under s 110 Government Information (Public Access) Act 2019 – exercise of discretion

CIVIL PROCEDURE – amendment of application to abandon part

Legislation Cited:

Civil and Administrative Tribunal Act 2013

Government Information (Public Access) Act

Cases Cited:

Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40

Lo v Chief Commissioner of State Revenue (2013) 85 NSWLR 86; [2013] NSWCA 180

Palerang, Queanbeyan City and Goulburn Mulwaree Council v Powell [2015] NSWCATAD 44

Pittwater Council v Walker [2015] NSWCATAD 34

Port Stephens Council v Webb [2017] NSWCATAD 341

Port Stephens Council v Webb [2020] NSWCATAD 81

Webb v Port Stephens Council [2020] NSWCATAP 152

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Port Stephens Council (Applicant)
Telina Webb (Respondent)

Representation:

Counsel:
B Tronson (Applicant)

Solicitors:
Lindsay Taylor Lawyers (Applicant)
Respondent (Self-Represented)

File Number(s):

2019/00380640

Publication restriction:

Nil

REASONS FOR DECISION

Introduction

1. The applicant Council seeks an order under s 110 of the Government Information (Public Access) Act 2009 (“GIPA Act”), restraining the respondent from making further access applications without the prior approval of the Tribunal.

2. This is the third time that the Tribunal has considered an application by the applicant for such an order against the respondent. The first application was unsuccessful: see Port Stephens Council v Webb [2017] NSWCATAD 341 (“2017 Tribunal Decision”), a decision of Senior Member Lucy.

3. The second application was considered by the Tribunal, differently constituted, and was successful: see Port Stephens Council v Webb [2020] NSWCATAD 81 (“2020 Tribunal Decision”). In the 2020 Tribunal Decision, the Tribunal made an order which prohibited the respondent from making an access application “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”.

4. On 27 July 2020, the 2020 Tribunal Decision was set aside on appeal: Webb v Port Stephens Council [2020] NSWCATAP 152 (“Appeal Panel Decision”). The Appeal Panel remitted the proceeding for re-determination, differently constituted. These Reasons represent that re-determination.

5. For the reasons set out below, the application is dismissed.

Materials before the Tribunal

6. The materials before the Tribunal in the present hearing were:

1. the applicant’s application filed on 3 December 2019 (“3 December 2019 Application”);

2. an affidavit of Mr Tony Wickham affirmed 30 January 2020, together with an exhibit titled “TW-1” of almost 3000 pages across three volumes;

3. an affidavit of Mr Wickham affirmed 9 September 2020, together with an exhibit titled “TW-2”;

4. a bundle of documents…