Webb v Port Stephens Council [2022] NSWCATAD 404

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v Port Stephens Council [2022] NSWCATAD 404 Hearing dates: 31 October 2022 Date of orders: 20 December 2022 Decision date: 20 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J Levine, Senior Member Decision: (1) The Decision under review is affirmed. (2) Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the material filed by the Respondent on a confidential basis is prohibited. That material is not to be released to the Applicant or the public. Catchwords: ADMINISTRATIVE LAW – access to government information – interested party – request for access to portions of documents – whether disclosure would reveal personal information – whether disclosure would undermine competitive neutrality of an agency or place it at a disadvantage in any market – whether disclosure would diminish competitive commercial value of information – whether disclosure would prejudice a person's legitimate business, commercial, professional or financial interests – whether form of access requested would involve an infringement of copyright Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Copyright Act 1968 (Cth) Government Information (Public Access) Act 2009 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Amos v Central Coast Council [2018] NSWCATAD 101 CH Real Estate Pty Limited (t/a Raine & Horne Commercial, Penrith) v Penrith City Council [2005] NSWADT 147 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Elf Farm Supplies Pty Ltd v Department of Planning and Environment [2018] NSWCATAD 277 Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 McKinnon v Blacktown City Council [2012] NSWADT 44 Sandy v Kiama Municipal Council [2019] NSWCATAD 49 Transport for NSW v Searle [2018] NSWCATAP 93 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: Information and Privacy Commission New South Wales, "Fact Sheet – The GIPA Act and Copyright" (2019) Category: Principal judgment Parties: Telina Webb (Applicant) Port Stephens Council (Respondent) Also heard: Crown Solicitor (see s104(1), Government Information (Public Access) Act 2009) Representation: Applicant (Self Represented) Lindsay Taylor Lawyers (Respondent) Crown Solicitor (Self Represented) File Number(s): 2022/00138219 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the material filed by the Respondent on a confidential basis is prohibited. That material is not to be released to either the Applicant or the public.