Goodenough v Coffs Harbour City Council [2024] NSWCATAD 276

Goodenough v Coffs Harbour City Council [2024] NSWCATAD 276

The Tribunal found that, while certain contractual provisions expressed confidentiality expectations, the information that responded to the access request was not objectively confidential and the public interest considerations in favour of disclosure (namely transparency, accountability, and oversight of council arrangements and expenditure) outweighed any considerations against disclosure. Statutory and contractual mechanisms preserve necessary exceptions for legal, governmental, and oversight purposes. As such, the respondent's decision to refuse disclosure was set aside and access to the relevant development agreement information was granted, subject to redaction consistent with the...

Parties
First Applicant: Shannon Goodenough; Second Applicant: H A Bachrach (Nom) Pty Ltd (ACN 005 026 326); Respondent: Coffs Harbour City Council; First Intervenor: Coffs Harbour Airport Pty Ltd; Second Intervenor: NSW Information Commissioner
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Administrative Review / Decision on Merits Review in Tribunal
Outcome
The respondent's decision refusing access was set aside. Access to the redacted Development Agreement (with information responding to the request) was granted, and previous confidentiality suppression orders were varied or set aside to the extent of the information detailed in the orders.
Legal Topics
Access to Government Information, Government Contracts, Public Interest Test, Confidential Information, Local Government
Administrative Law Freedom of Information Access to Government Information Government Contracts Public Interest Test Confidential Information Local Government

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 30 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Shannon Goodenough

First Applicant

H A Bachrach (Nom) Pty Ltd (ACN 005 026 326)

Second Applicant

Coffs Harbour City Council

Respondent

Coffs Harbour Airport Pty Ltd

First Intervenor

NSW Information Commissioner

Second Intervenor

Procedural Posture

Administrative Review / Decision on Merits Review in Tribunal

Legal Issues

  1. 1 Whether there is an overriding public interest against disclosure of government information under GIPA Act
  2. 2 Whether information in the Development Agreement should remain confidential
  3. 3 Applicability of public interest considerations for and against disclosure

Ratio Decidendi

The Tribunal found that, while certain contractual provisions expressed confidentiality expectations, the information that responded to the access request was not objectively confidential and the public interest considerations in favour of disclosure (namely transparency, accountability, and oversight of council arrangements and expenditure) outweighed any considerations against disclosure. Statutory and contractual mechanisms preserve necessary exceptions for legal, governmental, and oversight purposes. As such, the respondent's decision to refuse disclosure was set aside and access to the relevant development agreement information was granted, subject to redaction consistent with the...

Court Disposition

The respondent's decision refusing access was set aside. Access to the redacted Development Agreement (with information responding to the request) was granted, and previous confidentiality suppression orders were varied or set aside to the extent of the information detailed in the orders.

Orders

  • Orders 4 and 5 of 12 March 2024 set aside as they pertain to specific information, as listed in Order 1 of this decision; relevant information and documents no longer fall within 'Confidential Material' as defined.
  • The decision of the Respondent is set aside.