D’Adam v New South Wales Treasury and the Premier of New South Wales [2015] NSWCATAP 61

D’Adam v New South Wales Treasury and the Premier of New South Wales [2015] NSWCATAP 61

The Appeal Panel dismissed the appeal because the Tribunal clearly found that the Roadmaps were prepared for the dominant purpose of submission to Cabinet for Cabinet's consideration, that finding was open on Mr Cheney's evidence, and there was no dispute that Sch 1 cl 2(1)(b) of the GIPA Act applied to the Roadmaps if that finding was made. Accordingly, the Tribunal did not make an error of law in concluding that there were reasonable grounds for the respondents' claim that the Roadmaps were Cabinet information.

Jurisdiction
Australia
Judgment Date
31 March 2012
Procedural Posture
Internal Appeal From an NCAT Administrative Review Decision Concerning Refusal of Access to Government Information / Appeal Panel; Appeal as of Right on Questions of Law
Outcome
Appeal dismissed
Legal Topics
['government Information (public Access) Act 2009 (nsw)' 'cabinet Information' 'conclusive Presumption Against Disclosure' 'reasonable Grounds for Agency Claim' 'dominant Purpose' 'error of Law' 'internal Appeal']
['administrative Law' 'government Information Access' 'freedom of Information' 'cabinet Confidentiality' 'appeals'] ['government Information (public Access) Act 2009 (nsw)' 'cabinet Information' 'conclusive Presumption Against Disclosure' 'reasonable Grounds for Agency Claim' 'dominant Purpose' 'error of Law' 'internal Appeal']

Case Brief

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Procedural Posture

Internal Appeal From an NCAT Administrative Review Decision Concerning Refusal of Access to Government Information / Appeal Panel; Appeal as of Right on Questions of Law

Legal Issues

  1. 1 ["Whether the Tribunal found that the Roadmaps were prepared for the dominant purpose of being submitted to Cabinet for Cabinet's consideration." 'Whether that finding was open on the evidence before the Tribunal.' 'Whether the Tribunal misconstrued Sch 1 cl 2(1)(b) of the Government Information (Public Access) Act 2009 (NSW).']

Ratio Decidendi

The Appeal Panel dismissed the appeal because the Tribunal clearly found that the Roadmaps were prepared for the dominant purpose of submission to Cabinet for Cabinet's consideration, that finding was open on Mr Cheney's evidence, and there was no dispute that Sch 1 cl 2(1)(b) of the GIPA Act applied to the Roadmaps if that finding was made. Accordingly, the Tribunal did not make an error of law in concluding that there were reasonable grounds for the respondents' claim that the Roadmaps were Cabinet information.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']