Australian Postal Corporation v Johnston [2007] FCA 386

Australian Postal Corporation v Johnston [2007] FCA 386

Australia Post is exempt from the operation of the FOI Act in relation to the list because the list was brought into existence for the substantial and operative purpose of carrying on Australia Post's commercial activities; distributive treatment of information within the list is not appropriate under the FOI Act.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 March 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
['exemption Under Freedom of Information Act' 'commercial Activities Exemption' 'statutory Rights and Obligations']
['administrative Law' 'statutory Interpretation'] ['exemption Under Freedom of Information Act' 'commercial Activities Exemption' 'statutory Rights and Obligations']

Source-derived case record

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether Australia Post is exempt from the operation of the FOI Act by reason of s 7' "Construction of phrase 'documents received or brought into existence in the course of, or for the purposes of, the carrying on of those activities'" "Purpose of carrying on 'commercial activities' under the FOI Act"]

Ratio Decidendi

Australia Post is exempt from the operation of the FOI Act in relation to the list because the list was brought into existence for the substantial and operative purpose of carrying on Australia Post's commercial activities; distributive treatment of information within the list is not appropriate under the FOI Act.

Court Disposition

appeal allowed

Orders

  • ['The appeal by the applicant is allowed.' 'The decision of the Administrative Appeals Tribunal (Q2005/546) is set aside.' 'In substitution, the Court affirms the decision under review.' 'The costs of and incidental to the appeal are reserved.' 'Parties to make further submissions on costs by 4.00pm, Monday, 2 April...