C -v- Secretary, NSW Treasury [2001] NSWADT 217

C -v- Secretary, NSW Treasury [2001] NSWADT 217

Mr C has provided sufficient evidence to establish a prima facie case that the report is incomplete, incorrect, out of date or misleading in a material respect, satisfying the initial evidential burden required for his application under the FOI Act.

Jurisdiction
Australia
Judgment Date
17 December 2001
Procedural Posture
Application for Amendment of Documents Under FOI Act / Preliminary Matter
Outcome
Applicant has made out a prima facie case; the matter is listed for further directions so the substantive matter can be determined.
Legal Topics
['freedom of Information' 'amendment of Records' 'burden of Proof' 'medical Reports' 'administrative Decisions']
['administrative Law'] ['freedom of Information' 'amendment of Records' 'burden of Proof' 'medical Reports' 'administrative Decisions']

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Procedural Posture

Application for Amendment of Documents Under FOI Act / Preliminary Matter

Legal Issues

  1. 1 ['Whether the applicant has discharged the initial or evidential burden to raise a prima facie case that the report is incomplete, incorrect, out of date or misleading in a material respect']

Ratio Decidendi

Mr C has provided sufficient evidence to establish a prima facie case that the report is incomplete, incorrect, out of date or misleading in a material respect, satisfying the initial evidential burden required for his application under the FOI Act.

Court Disposition

Applicant has made out a prima facie case; the matter is listed for further directions so the substantive matter can be determined.

Orders

  • ['Mr C has made out a prima facie case that the report in question is incomplete, incorrect, out of date or misleading in a material respect.' 'Matter to be listed for further directions so that the substantive matter can be determined.']