Meriton Property Services Pty Limited & Ors v UrbanGrowth NSW [2017] NSWCATAD 71

Meriton Property Services Pty Limited & Ors v UrbanGrowth NSW [2017] NSWCATAD 71

The Tribunal found that the public interest considerations against disclosure, particularly the risk of prejudicing the supply of confidential information essential to UrbanGrowth's functions and the presence of commercial-in-confidence provisions, significantly outweighed the considerations favouring release. The information was supplied and received in confidence, and disclosure would likely harm both UrbanGrowth and the tenderers' business, commercial, and financial interests. The Tribunal affirmed UrbanGrowth's refusal to provide access.

Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
External Review Application (administrative Law) / Final Decision on Review
Outcome
Decision under review affirmed
Legal Topics
['access to Government Information' 'public Interest Against Disclosure' 'government Tenders' 'confidential Information' 'commercial in Confidence' 'government Contract Transparency']
['administrative Law' 'freedom of Information'] ['access to Government Information' 'public Interest Against Disclosure' 'government Tenders' 'confidential Information' 'commercial in Confidence' 'government Contract Transparency']

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Procedural Posture

External Review Application (administrative Law) / Final Decision on Review

Legal Issues

  1. 1 ['Whether there is an overriding public interest against disclosure of information contained in tender documents and government contracts under the Government Information (Public Access) Act 2009']

Ratio Decidendi

The Tribunal found that the public interest considerations against disclosure, particularly the risk of prejudicing the supply of confidential information essential to UrbanGrowth's functions and the presence of commercial-in-confidence provisions, significantly outweighed the considerations favouring release. The information was supplied and received in confidence, and disclosure would likely harm both UrbanGrowth and the tenderers' business, commercial, and financial interests. The Tribunal affirmed UrbanGrowth's refusal to provide access.

Court Disposition

Decision under review affirmed

Orders

  • ['The decision under review is affirmed.']