Starr v Sydney Water Corporation [2010] NSWADT 28

Starr v Sydney Water Corporation [2010] NSWADT 28

The documents in issue contain information obtained in confidence, and disclosure would prejudice the future supply of such information and be contrary to the public interest. The exemptions under clauses 13(b) and 7(1)(c) of Schedule 1 to the FOI Act are made out, justifying refusal to release the documents. The correct and preferable decision is to affirm Sydney Water's determination.

Parties
Applicant: Anthony William Starr; Respondent: Sydney Water Corporation
Jurisdiction
Australia
Judgment Date
29 January 2010
Procedural Posture
External Review Application Under the Freedom of Information Act 1989 / General Division Decision
Outcome
Application dismissed – decision affirmed
Legal Topics
Exempt Documents, Confidential Material, Business Affairs Exemption, Legal Professional Privilege, Personnel Management, Public Interest
Administrative Law Freedom of Information Exempt Documents Confidential Material Business Affairs Exemption Legal Professional Privilege Personnel Management Public Interest

Case Brief

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Parties

Anthony William Starr

Applicant

Sydney Water Corporation

Respondent

Procedural Posture

External Review Application Under the Freedom of Information Act 1989 / General Division Decision

Legal Issues

  1. 1 Whether Sydney Water's refusal to disclose certain documents was justified under exemptions in Schedule 1 to the Freedom of Information Act 1989
  2. 2 Whether the withheld documents were obtained in confidence
  3. 3 Whether disclosure would prejudice future supply of information

Ratio Decidendi

The documents in issue contain information obtained in confidence, and disclosure would prejudice the future supply of such information and be contrary to the public interest. The exemptions under clauses 13(b) and 7(1)(c) of Schedule 1 to the FOI Act are made out, justifying refusal to release the documents. The correct and preferable decision is to affirm Sydney Water's determination.

Court Disposition

Application dismissed – decision affirmed

Orders

  • The decision is affirmed.