Moran v Shellharbour City Council [2011] NSWADT 241

Moran v Shellharbour City Council [2011] NSWADT 241

The majority of detailed financial and expert information in the documents remains exempt under clause 7 of Schedule 1 of the FOI Act as disclosure could reasonably be expected to destroy or diminish commercial value and/or have an adverse effect on the business or financial affairs of the respondent or Australand. However, the identity and general descriptions of the three feasibility options for the Boat Harbour do not have such commercial value or adverse effects and, balancing the public interest, should be disclosed. The Tribunal sets aside the decisions regarding these specific deletions and requires reconsideration of related deletions in annual and monthly reports accordingly.

Jurisdiction
Australia
Judgment Date
19 October 2011
Procedural Posture
Administrative Law Access to Information / Review of Decision (tribunal)
Outcome
Affirmed in part, set aside and substituted in part, orders for reconsideration in part.
Legal Topics
['freedom of Information' 'public Interest Exemption' 'business Affairs Exemption' 'internal Working Documents' 'local Government Development Projects']
['administrative Law' 'access to Government Information'] ['freedom of Information' 'public Interest Exemption' 'business Affairs Exemption' 'internal Working Documents' 'local Government Development Projects']

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Procedural Posture

Administrative Law Access to Information / Review of Decision (tribunal)

Legal Issues

  1. 1 ['Whether deletions in the requested documents are exempt under business affairs, internal working, or financial/property interests exemptions in Schedule 1 of the FOI Act; whether disclosure would be contrary to the public interest; whether identity and general description of feasibility options can be disclosed']

Ratio Decidendi

The majority of detailed financial and expert information in the documents remains exempt under clause 7 of Schedule 1 of the FOI Act as disclosure could reasonably be expected to destroy or diminish commercial value and/or have an adverse effect on the business or financial affairs of the respondent or Australand. However, the identity and general descriptions of the three feasibility options for the Boat Harbour do not have such commercial value or adverse effects and, balancing the public interest, should be disclosed. The Tribunal sets aside the decisions regarding these specific deletions and requires reconsideration of related deletions in annual and monthly reports accordingly.

Court Disposition

Affirmed in part, set aside and substituted in part, orders for reconsideration in part.

Orders

  • ["With exception of noted deletions, respondent's decision on deletions in the 2009 Feasibility Report, Annual Programs and Monthly Reports affirmed." 'Decision regarding deletions in 2009 Feasibility Report about identity and general description of feasibility options is set aside and substituted: access granted to...