Walker v Northern Beaches Council [2021] NSWCATAD 277

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Walker v Northern Beaches Council [2021] NSWCATAD 277 Hearing dates: On the papers Date of orders: 22 September 2021 Decision date: 22 September 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: (1) The following application by Mr Walker to Northern Beaches Council under the Government Information (Public Access) Act 2009 is approved: All documents and plans relating to stormwater management and disposal arising from the original subdivision and any subsequent approvals for numbers 11 and 12 Buena Vista Avenue, Mona Vale. (2) Parties have liberty to apply with 5 days' notice. Catchwords: ADMINISTRATIVE LAW - access to government information - restraint order in place - leave required for applicant to apply for information under Government Information (Public Access) Act 2009 (NSW) - Transitional Provisions Northern Beaches Council Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Walker v Pittwater Council (2015) NSWCATAD 198 Walker v Pittwater Council (2015) NSWCATAD 222 Walker v Pittwater Council (2016) NSWCATAD 78 Category: Principal judgment Parties: P Walker - Applicant Northern Beaches Council - Respondent Representation: Solicitors: Ken Webber - Respondent File Number(s): 2021/00164982

REASONS FOR DECISION

Introduction 1. The applicant (Mr Phil Walker) seeks approval of this Tribunal to issue an access application on the respondent (Northern Beaches Council) in circumstances where he is restrained from bringing that application pursuant to s110(1) of the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). The respondent consents to the application.