Lakeside Forster Pty Ltd v Midcoast Council [2023] NSWCATAD 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lakeside Forster Pty Ltd v Midcoast Council [2023] NSWCATAD 198 Hearing dates: On the papers Date of orders: 31 July 2023 Decision date: 31 July 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVELAW – government information – third party objection to release of certain information – whether overriding public interest against disclosure – diminish the competitive commercial value of the information – prejudice any person's legitimate business, commercial, professional or financial interests – lack of evidence to establish an overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 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 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 McMillan v Commissioner of Police, NSW Police Force; Brady v Commissioner of Police, NSW Police Force [2013] NSWADT 53 Meacham v Commissioner of Police [2020] NSWCATAP 107 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Place v Department of Finance, Services and Innovation [2016] NSWCATAD 278 Sullivan v Civil Aviation Authority (2014) 22 FCR 555 Tallawoladah Pty Ltd v Department of Planning, Industry and Environment [2021] NSWCATAD 248 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 Texts Cited: Nil Category: Principal judgment Parties: Lakeside Forster Pty Ltd (Applicant) Midcoast Council (Respondent) Representation: Solicitors: Applicant (self-represented) Respondent (self-represented) File Number(s): 2023/00141328 Publication restriction: Section 64(1) of the Civil and Administrative Tribunal Act 2013 applies to the Applicant's confidential documents (DOC A2) filed with the Tribunal by the applicant on 5 June 2023.