Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3:

1. This Decision is to be read with and uses the same abbreviations as in my decision on 8 May 2025: Zonnevylle v NSW Department of Justice [2025] NSWCATAP 103 (the 8 May 2025 decision). The factual background, the proceedings in the Administrative and Equal Opportunity Division, the history of the appeal up to 8 May 2025 are set out in the 8 May 2025 decision at [1] to [6].

2. On 19 June 2025, Mr Zonnevylle lodged a general application seeking various orders (the 19 June 2025 application).

3. On 3 July 2025, I decided to dismiss the 19 June 2025 application, and providing my reasons for this decision. Before considering the 19 June 2025 application, I have set out the further history of the appeal and the key statutory provisions.

The further history of the appeal

4. On 9 May 2025, the Tribunal constituted by Principal Member K Ransome and Principal Member K Robinson made in which they made the following orders (the 9 May 2025 orders):

"(1) The name of the respondent is amended to Secretary, Department of Communities and Justice.

(2) The application by the applicant to appear by telephone is refused.

(3) The application to grant an extension of time to lodge the appeal to 2 January 2025 is granted.

(4) The application by the applicant to cross-examine Michelle Chua Hua is refused as Ms Hua was not a witness in the Tribunal proceedings and is not a witness in the appeal.

(5) The respondent is to provide to the Tribunal and the applicant any evidence and submissions relating to any authorisation under s 9(3) of the Government Information (Public Access) Act 2009 of the person who made the decision of 29 May 2020 by 16 May 2025.

(6) The applicant is to provide any material in response to the evidence and submissions filed by the respondent in accordance with order 5 by 13 June 2025.

(7) The hearing is adjourned to 10:15 am on 3 July 2025 in Sydney for half a day to allow the applicant to appear in person."

5. On 30 May 2025, the Tribunal constituted by Principal Member K Ransome and Principal Member K Robinson provided their reasons for making the 9 May 2025 orders (Zonnevylle v Secretary, Department of Communities and Justice [2025] NSWCATAP 123) (the 30 May 2025 reasons) including:

"Order 3

12. Mr Zonnevylle's appeal was lodged slightly out of time. There was no objection by the respondent to an extension of time and we made an order extending the time for lodgement.

Order 4

13. This is an appeal from the decision that was made by the Tribunal. An appeal to the Appeal Panel does not provide a losing party in the Tribunal with the opportunity to run their case again: Bowers v Karai [2021] NSWCATAP 316 at [11]; Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 at [10]. As stated in the order Ms Hua, the solicitor representing the respondent, was not a witness in the Tribunal proceedings and is not a witness in the appeal. Ms Hua has provided no evidence upon which she could be cross-examined and we were therefore not satisfied that cross-examination was appropriate or necessary."

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197cd9bd92ac6aa6e7eafcdf)

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