Horton -v- Great Southern Energy [2001] NSWADT 111

Horton -v- Great Southern Energy [2001] NSWADT 111

The Tribunal found that the documents provided to the applicant corresponded to those described as appendices in the Statutory Declaration, and there was credible evidence to support the agency's compliance. There was no cogent evidence to displace the presumption of regularity in the agency's conduct and no basis to find that the agency failed in its FOI obligations.

Jurisdiction
Australia
Judgment Date
29 June 2001
Procedural Posture
Review of Freedom of Information Determination / Decision on Principal Matter After Hearing
Outcome
Decision under review affirmed
Legal Topics
['freedom of Information' 'access to Government Documents' 'right of Review']
['administrative Law'] ['freedom of Information' 'access to Government Documents' 'right of Review']

Case Brief

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Procedural Posture

Review of Freedom of Information Determination / Decision on Principal Matter After Hearing

Legal Issues

  1. 1 ["Whether the agency complied with its obligations under the Freedom of Information Act 1989 in responding to the applicant's request for specific documents and whether the documents supplied were in fact the appendices requested."]

Ratio Decidendi

The Tribunal found that the documents provided to the applicant corresponded to those described as appendices in the Statutory Declaration, and there was credible evidence to support the agency's compliance. There was no cogent evidence to displace the presumption of regularity in the agency's conduct and no basis to find that the agency failed in its FOI obligations.

Court Disposition

Decision under review affirmed

Orders

  • ['Decision under review affirmed']