Davies v Department of Enterprise Investment and Trade [2023] NSWCATAD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Davies v Department of Enterprise Investment and Trade [2023] NSWCATAD 72 Hearing dates: 10 and 24 November 2022 Date of orders: 27 March 2023 Decision date: 27 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: 1. The decision of 9 August 2022 concerning Documents 1, 2, 3 and 4 is affirmed. 2. List the matter for directions on 18 April 2023 to set a timetable for further evidence, submissions and a hearing date to determine all outstanding issues. 3. The publication and disclosure of evidence read or tendered by the Respondents on a confidential basis is restricted to the Respondents and their legal representatives only, pursuant to ss 64(1)(c) and (d) of the Civil and Administrative Tribunal Act, 2013 (NSW). 4. Pursuant to ss 64(1)(c) and (d) of the Civil and Administrative Tribunal Act, 2013 (NSW), the transcript and recording of that part of the hearing in these proceedings that took place in the absence of the Applicant and the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public. Catchwords: ADMINISTRATIVE LAW — Government Information (Public Access) — access to information — conclusive presumption that there is an overriding public interest against disclosure — cabinet information. Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: Bennison v NSW Department of Premier and Cabinet [2016] NSWCATAD 101 D'Adam v New South Wales Treasury [2014] NSWCATAD 68 D'Adam v New South Wales Treasury [2015] NSWCATAP 61 Mookhey v Infrastructure NSW [2017] NSWCATAD 345 Searle v Transport for NSW [2017] NSWCATAD 256 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Re Aldred and Department of Foreign Affairs and Trade [1990] AATA 20; (1990) 20 ALD 264 National Parks Assn of New South Wales Inc v Department of Lands [2005] NSWADT 124 Category: Principal judgment Parties: Anne Davies (Applicant) Department of Enterprise Investment and Trade (First Respondent) Premier of New South Wales (Second Respondent) Representation: Counsel: Applicant (self-represented) R McEwan (First and Second Respondents)