Waite v Hornsby Shire Council [2009] NSWADT 117

Waite v Hornsby Shire Council [2009] NSWADT 117

The information in the memorandum for which amendment is sought concerns the personal affairs of Mr Waite, a private citizen who made a complaint as a matter of private concern; amendment is appropriate by agreement of the parties, and the Council's decision is set aside.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Review of Administrative Decision / Final Determination
Outcome
By consent, decision of Council set aside and amendment ordered
Legal Topics
['freedom of Information' 'amendment of Documents' 'personal Affairs']
['administrative Law' 'information Law'] ['freedom of Information' 'amendment of Documents' 'personal Affairs']

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Procedural Posture

Review of Administrative Decision / Final Determination

Legal Issues

  1. 1 ['Whether information in an internal memorandum concerning the applicant constitutes information about his personal affairs under the Freedom of Information Act 1989' 'Whether the information should be amended as requested']

Ratio Decidendi

The information in the memorandum for which amendment is sought concerns the personal affairs of Mr Waite, a private citizen who made a complaint as a matter of private concern; amendment is appropriate by agreement of the parties, and the Council's decision is set aside.

Court Disposition

By consent, decision of Council set aside and amendment ordered

Orders

  • ['The decision of the Council the subject of review is set aside.' 'In substitution, decision that the third and final paragraphs of the Memorandum be struck through with annotation as per agreement dated 10 December 2008.']