Recent Cases

Commissioner of Police v Ritson [2023] NSWCA 300 (13 December 2023) (Bell CJ, Stern JA and Basten AJA)


Catchwords:


ADMINISTRATIVE LAW – access to personal information – obligation of public sector agency – access to be provided without excessive delay – breach of obligation – power to order provision of information – unresolved issues as to application of conditions and limitations on disclosure obligation

CIVIL PROCEDURE – Civil and Administrative Tribunal – appeals – leave to appeal – third appeal – original applicant inactive party – issue of principle as to power of Tribunal – statutory agency appearing as contradictor – no prejudice to original applicant

STATUTORY INTERPRETATION – harmonious construction – two State Acts – provision in one Act picking up provisions from another Act – construing picked-up provision so as to apply in different legislative context