Webb v Port Stephens Council [2023] NSWCATAP 133

Webb v Port Stephens Council [2023] NSWCATAP 133

The Appeal Panel refused to admit the Appellant's additional evidence because it could have been obtained with reasonable diligence for the original proceedings or was not likely to have produced a different result. The Panel held that the Tribunal's findings about the CSO's GIPA training materials, including their commercial value, the competitive market for GIPA training, and the likely prejudice to the CSO if the materials were released, were supported by evidence and were open to the Tribunal. No material error of law, procedural unfairness, bias, or basis for leave to appeal was established. Accordingly, leave to appeal was refused and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
17 May 2023
Procedural Posture
Internal Appeal in Administrative Review Proceedings Concerning Access to Government Information Under the Government Information (public Access) Act 2009 (nsw) / Appeal Panel Decision on Appeal From Civil and Administrative Tribunal, Administrative and Equal Opportunity Division, [2022] NSWCATAD 404
Outcome
Leave to appeal refused; appeal dismissed; confidentiality order made; costs timetable set.
Legal Topics
['government Information (public Access) Act 2009 (nsw)' 'public Interest Considerations Against Disclosure' 'competitive Neutrality and Commercial Value' 'fresh Evidence on Appeal' 'leave to Appeal' 'confidentiality Orders' 'copyright in Tribunal Proceedings']
['administrative Law' 'government Information Access' 'civil Procedure'] ['government Information (public Access) Act 2009 (nsw)' 'public Interest Considerations Against Disclosure' 'competitive Neutrality and Commercial Value' 'fresh Evidence on Appeal' 'leave to Appeal' 'confidentiality Orders' 'copyright in Tribunal Proceedings']

Case Brief

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Procedural Posture

Internal Appeal in Administrative Review Proceedings Concerning Access to Government Information Under the Government Information (public Access) Act 2009 (nsw) / Appeal Panel Decision on Appeal From Civil and Administrative Tribunal, Administrative and Equal Opportunity Division, [2022] NSWCATAD 404

Legal Issues

  1. 1 ['Whether the Appeal Panel should admit new or fresh evidence tendered by the Appellant on appeal.' 'Whether leave to appeal should be granted for grounds not involving questions of law under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the Tribunal erred in finding that disclosure of Documents 34, 35, 36 and 37 would enliven public interest considerations against disclosure under cl 4(a), cl 4(c) and cl 4(d) of the Table to s 14 of the Government Information (Public Access) Act 2009 (NSW).' 'Whether the Tribunal erred in its treatment of copyright issues, including the asserted use of copyrighted material and copyright in Documents 34 to 38.' 'Whether the Tribunal failed to consider public interest factors favouring disclosure under the Government Information (Public Access) Act 2009 (NSW).' 'Whether the Tribunal acted unfairly or with bias toward the self-represented Appellant.' 'Whether confidentiality orders under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) were made in error.']

Ratio Decidendi

The Appeal Panel refused to admit the Appellant's additional evidence because it could have been obtained with reasonable diligence for the original proceedings or was not likely to have produced a different result. The Panel held that the Tribunal's findings about the CSO's GIPA training materials, including their commercial value, the competitive market for GIPA training, and the likely prejudice to the CSO if the materials were released, were supported by evidence and were open to the Tribunal. No material error of law, procedural unfairness, bias, or basis for leave to appeal was established. Accordingly, leave to appeal was refused and the appeal was dismissed.

Court Disposition

Leave to appeal refused; appeal dismissed; confidentiality order made; costs timetable set.

Orders

  • ['Leave to appeal is refused.' 'Appeal is dismissed.' 'Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the material filed by the Respondents on a confidential basis, is prohibited. That material is not to be released to the Appellant or the public.' 'Should the...