Webb v Port Stephens Council [2023] NSWCATAP 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v Port Stephens Council [2023] NSWCATAP 133 Hearing dates: 28 April 2023 Date of orders: 17 May 2023 Decision date: 17 May 2023 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member E Bishop SC, Senior Member Decision: 1. Leave to appeal is refused. 2. Appeal is dismissed. 3. Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the material filed by the Respondents on a confidential basis, is prohibited. That material is not to be released to the Appellant or the public. 4. Should the Respondents wish to make an application for costs such application along with written submissions and any evidence in support should be filed and served within seven (7) days of publication of this decision and shall include submissions as to whether the hearing on costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) 5. The Appellant shall file and serve seven (7) days thereafter her submissions and evidence in response including whether or not the hearing can be dispensed with. 6. The Respondents shall provide any submissions in reply within seven (7) days thereafter. Catchwords: ADMINISTRATIVE LAW — access to government 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 Legislation Cited: Government Information (Public Access) Act 2009 (NSW), ss 12, 13, 14, 15, 70, 72(2) Civil and Administrative Tribunal Act 2013 (NSW), ss 45, 64, 80 Copyright Act 1968 (Cth), s 43 Legal Profession Uniform Law Application Act 2014 (NSW), s 44 Cases Cited: Building Professionals Board v Hans [2008] NSWADTAP 13 Commercial Bank of Australia v Amadio (1983) 151 CLR 447; [1983] HCA 14 Collins v Urban [2014] NSWCATAP 17 DMP v Sydney Local Health District [2022] NSWCATAP 357 Johnson v Johnson (1899) 1 P 19 Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Meacham v Commissioner of Police [2020] NSWCATAP 107 Pollock v Hicks [2015] NSWCA 122 Ros v Commissioner of Police [2020] NSWCATAP 70 Ugur v Public Guardian [2023] NSWCATAP 16 ZBC v ZBD [2016] NSWCATAP 264 ZCK v NSW Trustee and Guardian [2016] NSWCATAP 200 ZND v ZNE [2020] NSWCATAP 34 Texts Cited: Nil Category: Principal judgment Parties: Telina Webb (Appellant) Port Stephens Council (1st Respondent) Crown Solicitor (2nd Respondent) Representation: Appellant (self-represented) Lindsay Taylor Lawyers (1st Respondent) Crown Solicitor (2nd Respondent) File Number(s): 2023/00009054 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the material filed by the Respondents on a confidential basis, is prohibited. That material is not to be released to the Appellant or the public. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 404 Date of Decision: 20 December 2022 Before: J Levine, Senior Member File Number(s): 2022/00138219