Goodenough v Coffs Harbour City Council (No 2) [2024] NSWCATAD 313

Goodenough v Coffs Harbour City Council (No 2) [2024] NSWCATAD 313

The public interest considerations in favour of disclosure of the requested information about infrastructure works and rezoning (transparency, accountability, oversight of public funds, importance to community) significantly outweigh considerations against disclosure (contractual/confidential obligations, commercial sensitivity, potential prejudice). The developments are of public significance and controversy, and the contractual confidentiality provisions permit lawful disclosure. The requested information is not objectively commercially sensitive. Accordingly, the respondent's decision refusing release is set aside and disclosure is ordered, subject to short delay for possible appeal.

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 / Final Judgment
Outcome
decision of respondent set aside; access to requested information granted
Legal Topics
Access to Government Information, Public Interest Disclosure, Confidentiality, Government Contracts, Local Government Tendering, Conflict of Interest
Administrative Law Government Information Access to Government Information Public Interest Disclosure Confidentiality Government Contracts Local Government Tendering Conflict of Interest

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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 / Final Judgment

Legal Issues

  1. 1 Whether the information sought from Council should be released under the Government Information (Public Access) Act 2009 (GIPA Act)
  2. 2 Whether public interest considerations in favour of disclosure outweigh those against disclosure, specifically items 1(d), 1(g), 4(b), and 4(d) of s14 GIPA Act
  3. 3 Whether information sought is commercially confidential and/or its disclosure prejudices legitimate business interests

Ratio Decidendi

The public interest considerations in favour of disclosure of the requested information about infrastructure works and rezoning (transparency, accountability, oversight of public funds, importance to community) significantly outweigh considerations against disclosure (contractual/confidential obligations, commercial sensitivity, potential prejudice). The developments are of public significance and controversy, and the contractual confidentiality provisions permit lawful disclosure. The requested information is not objectively commercially sensitive. Accordingly, the respondent's decision refusing release is set aside and disclosure is ordered, subject to short delay for possible appeal.

Court Disposition

decision of respondent set aside; access to requested information granted

Orders

  • Orders 4 and 5 made on 12 March 2024 set aside in relation to specified information/documents, which are no longer confidential material as defined in order 2 made on 12 March 2024
  • Respondent's decision is set aside