Anderson v Tweed Shire Council [2017] NSWCATAD 61

Anderson v Tweed Shire Council [2017] NSWCATAD 61

Document 7 had been relied on in relation to the development application, so any confidentiality or privilege in it had been waived. Mr Ritchie gave no evidence establishing that disclosure could reasonably be expected to prejudice his interests, and it was not clear how such prejudice could arise where the document had already been provided to Council in support of the development application. There was therefore no overriding public interest against disclosure under clause 4(d) of the table to section 14 of the GIPA Act or any other clause, and disclosure was the correct and preferable decision.

Jurisdiction
Australia
Judgment Date
28 February 2017
Procedural Posture
External Review of Access to Government Information Decision Under the Government Information (public Access) Act 2009 / On the Papers; Decision Following Remittal for Redetermination
Outcome
The Council's decision to disclose document 7 was affirmed.
Legal Topics
['access Application' 'public Interest Test' 'third Party Consultation' 'business, Commercial, Professional or Financial Interests' 'confidentiality and Privilege' 'development Application Records']
['administrative Law' 'government Information Access'] ['access Application' 'public Interest Test' 'third Party Consultation' 'business, Commercial, Professional or Financial Interests' 'confidentiality and Privilege' 'development Application Records']

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Procedural Posture

External Review of Access to Government Information Decision Under the Government Information (public Access) Act 2009 / On the Papers; Decision Following Remittal for Redetermination

Legal Issues

  1. 1 ['Whether there was an overriding public interest against disclosure of document 7 described as "2 February - Advice provided by Mr G Ritchie".' "Whether disclosure of document 7 could reasonably be expected to prejudice Mr Ritchie's business, commercial, professional or financial interests." 'Whether asserted confidentiality or privilege in document 7 prevented disclosure where the document had been provided to Council in support of a development application.']

Ratio Decidendi

Document 7 had been relied on in relation to the development application, so any confidentiality or privilege in it had been waived. Mr Ritchie gave no evidence establishing that disclosure could reasonably be expected to prejudice his interests, and it was not clear how such prejudice could arise where the document had already been provided to Council in support of the development application. There was therefore no overriding public interest against disclosure under clause 4(d) of the table to section 14 of the GIPA Act or any other clause, and disclosure was the correct and preferable decision.

Court Disposition

The Council's decision to disclose document 7 was affirmed.

Orders

  • ['The decision by Tweed Shire Council to disclose the information referred to as document 7 and described as "2 February - Advice provided by Mr G Ritchie" is affirmed.']