Walker v Pittwater Council [2015] NSWCATAD 198

Walker v Pittwater Council [2015] NSWCATAD 198

The application is a reasonable request, not previously made, does not unreasonably divert council resources, does not lack merit, and the frequency of applications on this particular subject is not currently a concern.

Parties
Applicant: Phillip Walker; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
11 August 2015
Procedural Posture
Administrative Review / Approval to Apply for Access to Information Under Restraint Order
Outcome
Application for approval is granted, subject to amendment.
Legal Topics
Access to Information, Restraint Orders, Discretion to Approve Applications
Administrative Law Access to Information Restraint Orders Discretion to Approve Applications

Case Brief

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Parties

Phillip Walker

Applicant

Pittwater Council

Respondent

Procedural Posture

Administrative Review / Approval to Apply for Access to Information Under Restraint Order

Legal Issues

  1. 1 Whether approval should be granted to make an access application under the GIPA Act when the applicant is subject to a restraint order

Ratio Decidendi

The application is a reasonable request, not previously made, does not unreasonably divert council resources, does not lack merit, and the frequency of applications on this particular subject is not currently a concern.

Court Disposition

Application for approval is granted, subject to amendment.

Orders

  • Application to Pittwater Council dated 12 May 2015 is approved subject to it being amended to refer to the letter of 4 December 2014 from J Lofts, Manager, Environmental Compliance to Mr Walker.