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

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wavelength Group Pty Ltd v Upper Hunter Shire Council [2021] NSWCATAD 182 Hearing dates: 17 June 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Goodman SC, Senior Member Decision: (1) the decision under review is set aside; (2) the applicant is to be provided with access to the geotechnical report the subject of these Reasons, within 28 days of the date of these Reasons. Catchwords: ADMINISTRATIVE LAW – access to government information – access application – public interest considerations in favour of disclosure – public interest considerations against disclosure– whether overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Commissioner of Police NSW Police Force v Camilleri [2012] NSWADTAP 19 Commissioner of Police v Danis [2017] NSWCATAP 7 Fire Brigade Employees' Union v Fire and Rescue (NSW) [2014] NSWCATAD 113 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Luxford v Department of Education and Communities (NSW) [2016] NSWCATAD 118 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 McMillan v Commissioner of Police, NSW Police Force; Brady v Commissioner of Police, NSW Police Force [2013] NSWADT 53 Meacham v Commissioner of Police [2020] NSWCATAP 107 Miskelly v Transport for NSW [2017] NSWCATAD 207 Murphy v Broken Hill City Council [2015] NSWCATAD 135 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Re Waterford and Department of the Treasury (No 2) (1984) 5 ALD 588 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport for NSW v Searle [2018] NSWCATAP 93 University of New South Wales v McGuirk [2006] NSWSC 1362 Texts Cited: Nil Category: Principal judgment Parties: Wavelength Group Pty Ltd (Applicant) Upper Hunter Shire Council (Respondent) Representation: Solicitors: J Preston (Agent) (Applicant) Local Government Legal (Respondent) File Number(s): 2021/00002526 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, the publication or disclosure of the parts of these Reasons marked "NOT FOR PUBLICATION", other than to the respondent and its legal representatives is prohibited.