Wavelength Group Pty Ltd v Upper Hunter Shire Council [2021] NSWCATAD 182

Wavelength Group Pty Ltd v Upper Hunter Shire Council [2021] NSWCATAD 182

None of the public interest considerations against disclosure relied upon by the respondent were made out on the evidence; no override exists; the applicant has a legally enforceable right to access the report under the GIPA Act.

Parties
Applicant: Wavelength Group Pty Ltd; Respondent: Upper Hunter Shire Council
Jurisdiction
Australia
Judgment Date
30 June 2021
Procedural Posture
Administrative Review / Final Decision on Application for Review of Refusal to Provide Access to Government Information
Outcome
Application allowed; respondent's refusal set aside; access to report ordered.
Legal Topics
Public Interest Test, Government Information (public Access) Act 2009, Review of Administrative Decisions, Disclosure of Government Reports
Administrative Law Access to Government Information Public Interest Test Government Information (public Access) Act 2009 Review of Administrative Decisions Disclosure of Government Reports

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Parties

Wavelength Group Pty Ltd

Applicant

Upper Hunter Shire Council

Respondent

Procedural Posture

Administrative Review / Final Decision on Application for Review of Refusal to Provide Access to Government Information

Legal Issues

  1. 1 Whether there is an overriding public interest against disclosure of the geotechnical report under the GIPA Act
  2. 2 Whether any of the public interest considerations against disclosure listed in s 14 of the GIPA Act are made out

Ratio Decidendi

None of the public interest considerations against disclosure relied upon by the respondent were made out on the evidence; no override exists; the applicant has a legally enforceable right to access the report under the GIPA Act.

Court Disposition

Application allowed; respondent's refusal set aside; access to report ordered.

Orders

  • The decision under review is set aside.
  • The applicant is to be provided with access to the geotechnical report within 28 days of these Reasons.