Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30:

1. This is an internal appeal from a decision of the Tribunal which affirmed a decision of the respondent in relation to an access request for information under the Government Information (Public Access) Act 2009. The applicant in the Tribunal proceedings, Peter Zonnevylle, has appealed from that decision.

2. A series of procedural orders have been made in this matter since the appeal was filed. The appeal was listed before us for hearing at 10:15 am on 9 May 2025. The hearing was listed in person. On 30 April 2025 Mr Zonnevylle made an application in which he sought various procedural orders. In that application he sought orders:

1) referring two questions of law to the Supreme Court;

2) to list the appeal hearing for one day (rather than half a day as previously ordered);

3) extending the time for compliance with procedural directions;

4) permitting him to attend the appeal hearing by telephone; and

5) requiring the Information Commissioner to appear and make submissions in the appeal.

3. On 8 May 2025 Principal Member Blake dismissed the application and confirmed the appeal was listed for hearing on 9 May 2025 at 10:15 am in Sydney for half a day. Mr Zonnevylle's request to attend the hearing by telephone was refused.

4. Shortly before the hearing before us Mr Zonnevylle had contacted the Tribunal Registry requesting dial in details for the hearing and indicated he was unwell. He was advised that the hearing was listed as an in person hearing.

5. Mr Zonnevylle did not appear at the hearing. We refused his request to appear by telephone, adjourned the hearing and made some further procedural orders.

6. Mr Zonnevylle has sought written reasons for the orders made on 9 May 2025. Although we are not required, in accordance with s 62(2A) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) to provide written reasons for our orders, as Mr Zonnevylle was not present at the hearing, we have decided to provide brief reasons so he may understand the basis upon which the orders were made.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1971efdc2705ee7b77662d79)

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