McDermott v Junee Shire Council [2009] NSWADT 29

McDermott v Junee Shire Council [2009] NSWADT 29

Although the disputed documents concerned the business affairs of the Council and Mr Riley, the evidence did not establish that disclosure could reasonably be expected to have an unreasonable adverse effect on Mr Riley's business or financial affairs. The information revealed would be limited to the nature and extent of work, hourly charges and amounts paid, with any competitive advantage likely to be very limited or negligible, and the Council did not contend that disclosure would prejudice future supply of such information. The clause 7 exemption was therefore not made out.

Jurisdiction
Australia
Judgment Date
10 February 2009
Procedural Posture
Application for Review of a Decision Under the Freedom of Information Act 1989 Refusing Access to Documents / Decision on the Papers
Outcome
The decision under review was varied.
Legal Topics
['access to Documents' 'business Affairs Exemption' 'documents Affecting Business Affairs' 'council Records']
['administrative Law' 'freedom of Information'] ['access to Documents' 'business Affairs Exemption' 'documents Affecting Business Affairs' 'council Records']

Case Brief

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Procedural Posture

Application for Review of a Decision Under the Freedom of Information Act 1989 Refusing Access to Documents / Decision on the Papers

Legal Issues

  1. 1 ['Whether the disputed documents were exempt documents under clause 7(1)(c) of Schedule 1 of the Freedom of Information Act 1989 as documents affecting business affairs.' "Whether disclosure of invoices, work dockets, purchase orders, remittance advices, cheques or Electronic Funds Transmission Authorisations relating to MSR Excavations could reasonably be expected to have an unreasonable adverse effect on Mr Riley's business or financial affairs." 'Whether disclosure would prejudice the future supply of such information to the Council.']

Ratio Decidendi

Although the disputed documents concerned the business affairs of the Council and Mr Riley, the evidence did not establish that disclosure could reasonably be expected to have an unreasonable adverse effect on Mr Riley's business or financial affairs. The information revealed would be limited to the nature and extent of work, hourly charges and amounts paid, with any competitive advantage likely to be very limited or negligible, and the Council did not contend that disclosure would prejudice future supply of such information. The clause 7 exemption was therefore not made out.

Court Disposition

The decision under review was varied.

Orders

  • ['The decision under review is varied.' 'The Tribunal orders Junee Shire Council to release the documents in dispute to Mr McDermott.']