Lakeside Forster Pty Ltd v Midcoast Council [2023] NSWCATAD 198
The applicant failed to provide probative evidence to establish that disclosure of the relevant information could reasonably be expected to diminish its competitive commercial value or prejudice its legitimate business, commercial, professional or financial interests. Accordingly, the applicant did not discharge the onus to establish an overriding public interest against disclosure, and the decision to release the information should be affirmed.
- Jurisdiction
- Australia
- Judgment Date
- 31 July 2023
- Procedural Posture
- Administrative Review / Decision on the Papers
- Outcome
- Decision under review affirmed
- Legal Topics
- ['government Information Access' 'public Interest Test' 'third Party Objection' 'disclosure of Government Information']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Administrative Review / Decision on the Papers
Legal Issues
- 1 ['Whether there is an overriding public interest against disclosure of the relevant information under the Government Information (Public Access) Act 2009']
Ratio Decidendi
The applicant failed to provide probative evidence to establish that disclosure of the relevant information could reasonably be expected to diminish its competitive commercial value or prejudice its legitimate business, commercial, professional or financial interests. Accordingly, the applicant did not discharge the onus to establish an overriding public interest against disclosure, and the decision to release the information should be affirmed.
Court Disposition
Decision under review affirmed
Orders
- ['The decision under review is affirmed.']
Full Case Text
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