Tallawoladah Pty Ltd v Department of Planning, Industry and Environment [2021] NSWCATAD 248

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tallawoladah Pty Ltd v Department of Planning, Industry and Environment [2021] NSWCATAD 248 Hearing dates: 2020 Date of orders: 20 August 2021 Decision date: 20 August 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 – whether overriding public interest against disclosure - lack of evidence – confidential information - information provided in confidence - prejudice to court proceedings - competitive commercial - legitimate business, commercial, professional or financial interests Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Cases Cited: Ansoul v City of Sydney [2017] NSWCATAD 65 Applicants v Commissioner of Police (NSW) [2015] NSWCATAD 22 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Black v Hunter New England Local Health District (No 2) [2012] NSWADT 235 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Director of Public Prosecutions v Smith [1991] 1 VR 63 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 Hopson v Commissioner of Police, NSW Police Force [2017] NSWCATAD 379 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Lock the Gate Alliance v Department of Planning and Environment and Anor [2019] NSWCATAD 6 Luxford v Department of Education and Communities [2016] NSWCATAD 118 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 Marden v Pharmacy Council of NSW [2016] NSWCATAD 86 McKinnon v Blacktown City Council [2012] NSWADT 44 Mclnnes v NSW Department of Education and Communities [2013] NSWADT 21 McMillan v Commissioner of Police, NSW Police Force; Brady v Commissioner of Police, NSW Police Force [2013] NSWADT 53 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 NSW Henry George Foundation v Director General, Department of Attorney General and Justice (NSW) [2013] NSWADT 2 Place v Department of Finance, Services and Innovation [2016] NSWCATAD 278 Public Service Association and Professional Officers Association, Amalgamated Union of NSW v Premier's Department [2002] NSWADT 277 Raven v University of Sydney [2015] NSWCATAD 104 Sneesby v Shoalhaven City Council [2019] NSWCATAD 234 Taylor v Destination NSW [2017] NSWCATAD 272 Toplace Pty Ltd v City of Parramatta [2021] NSWCATAD 149 Transport for NSW v Searle [2018] NSWCATAP 93 Wavelength Group Pty Ltd v Upper Hunter Shire Council [2021] NSWCATAD 182 Williams v Department Industry and Investment [2012] NSWADT 192 Category: Principal judgment Parties: Tallawoladah Pty Ltd (Applicant) Department of Planning, Industry and Environment (Respondent)