North Coast Environment Council v Environment Protection Authority [2021] NSWCATAD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: North Coast Environment Council v Environment Protection Authority [2021] NSWCATAD 29 Hearing dates: 10 September 2020 Date of orders: 12 February 2021 Decision date: 12 February 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – government information – access application – provided to an agency in confidence – diminish the competitive commercial value of information – prejudice legitimate business, commercial or financial interests – public interests in favour of disclosure – public interests against disclosure – whether overriding public interest against disclosure Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Cases Cited: Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Destination NSW v Taylor [2019] NSWCATAP 123 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Leech v Sydney Water Corporation [2010] NSWADT 198 Neary v State Rail Authority [1999] NSWADT 107 Texts Cited: None cited Category: Principal judgment Parties: North Coast Environment Council (Applicant) Environment Protection Authority (First Respondent) Cape Byron Management Pty Ltd (Second Respondent) Representation: Counsel: A Stafford (Second Respondent)