Else v Sydney Trains [2021] NSWCATAP 245

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Else v Sydney Trains [2021] NSWCATAP 245 Hearing dates: 29 July 2021 Date of orders: 19 August 2021 Decision date: 19 August 2021 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President J Currie, Senior Member Decision: 1. Transport for NSW is removed as the respondent to these proceedings. 2. Sydney Trains is substituted as the respondent. 3. The time for lodging an appeal on grounds 13 and 14 is extended to 5 May 2021. 4. Leave to appeal on a question other than a question of law is refused. 5. The Tribunal's orders are affirmed. 6. The appeal is dismissed. Catchwords: APPEAL – ADMINISTRATIVE LAW – appeal from a decision of the Tribunal to affirm the decision of the respondent agency to refuse to grant the appellant access to information – meaning of phrases "could reasonably be expected" and "facilitate" in cl 2(d) and 2(f) of the table to s 14 of the Government Information (Public Access) Act 2009 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Government Information (Public Access) Act 2009 (NSW) Government Information (Public Access) Regulation 2018 (NSW) Transport Administration Act 1988 (NSW) Freedom of Information Act 1982 (Cth) Cases Cited: Attorney General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Collins v Urban [2014] NSWCATAP 17 Griffin v Sydney Trains [2020] NSWCATAD 234 Italiano v Carbone and Ors [2005] NSWCA 177 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 at 62, 18; [1980] FCA 85 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Newcastle City Council v Newcastle East Residents Action Group Inc [2018] NSWCATAP 254 Pemberton v Commissioner of Police, NSW Police Force (No 2) [2021] NSWCATAP 230 Texts Cited: Aronson and Groves, Judicial Review of Administrative Action, (6th ed, Law Book Company 2017) Category: Principal judgment Parties: Sylvia Else (Appellant) Sydney Trains (Respondent) Representation: Solicitors: Appellant (Self-Represented) Maddocks Lawyers (Respondent) File Number(s): 2021/00098380 Publication restriction: There is no restriction on the publication of these reasons for decision, but restrictions ordered by the Tribunal at first instance remain in force. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Citation: [2021] NSWCATAD 59 Date of Decision: 12 March 2021 Before: M Wall, Senior Member File Number(s): 2020/00192151