Jeray v Blue Mountains City Council (No.3) [2010] NSWLEC 187

Jeray v Blue Mountains City Council (No.3) [2010] NSWLEC 187

The report concerned the General Manager's annual performance review, a performance reward payment, and principles for a performance agreement for a new General Manager, which were personnel matters appropriately kept confidential. The applicant bore the onus of establishing that the report could rationally affect the assessment of the probability of the existence of a relevant fact in issue for the purposes of production, and he did not do so. The Council's confidentiality claim over Item 4 of the Notice to Produce was therefore upheld.

Jurisdiction
Australia
Judgment Date
27 September 2010
Procedural Posture
Class 4 Proceedings Concerning Access to Council Files and Documents / Ex Tempore Judgment on a Notice to Produce and Claim of Confidentiality
Outcome
Council's confidentiality claim upheld in respect of Item 4 in the Notice to Produce dated 13 July 2010.
Legal Topics
['notice to Produce' 'confidentiality' 'council Meeting Minutes' 'access to Council Documents' 'closed Council Meetings']
['practice and Procedure' 'local Government'] ['notice to Produce' 'confidentiality' 'council Meeting Minutes' 'access to Council Documents' 'closed Council Meetings']

Case Brief

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Procedural Posture

Class 4 Proceedings Concerning Access to Council Files and Documents / Ex Tempore Judgment on a Notice to Produce and Claim of Confidentiality

Legal Issues

  1. 1 ["Whether Blue Mountains City Council's claim of confidentiality over the report noted and endorsed at Minute No.178 for the Council meeting of 27 April 2010 should be upheld." 'Whether the applicant established an entitlement to access the report under the Notice to Produce despite the confidentiality claim.']

Ratio Decidendi

The report concerned the General Manager's annual performance review, a performance reward payment, and principles for a performance agreement for a new General Manager, which were personnel matters appropriately kept confidential. The applicant bore the onus of establishing that the report could rationally affect the assessment of the probability of the existence of a relevant fact in issue for the purposes of production, and he did not do so. The Council's confidentiality claim over Item 4 of the Notice to Produce was therefore upheld.

Court Disposition

Council's confidentiality claim upheld in respect of Item 4 in the Notice to Produce dated 13 July 2010.

Orders

  • ["The Council's confidentiality claim in respect of Item 4 in the Notice to Produce dated 13 July 2010 is upheld." 'The matter is confirmed for relisting before the list judge on Friday 8 October 2010.' "The costs of today's proceedings will be costs in the cause." 'Exhibit J1 can be returned to the applicant.']