Grande v Lismore City Council [2024] NSWCATAD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Grande v Lismore City Council [2024] NSWCATAD 33 Hearing dates: 18 September 2023 Date of orders: 09 February 2024 Decision date: 09 February 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: 1. The agency's decision to refuse to provide access to government information that falls within the scope of the applicant's access request is set aside. 2. In part substitution for that decision, the Tribunal determines that the applicant is to be provided with access to the information in categories 1 to 13 at Annexure A of these reasons by 1 March 2024, subject to: - the redaction of the names and signatures of Donnelly Blasting Pty Ltd's personnel in accordance with s 74; and - the redaction of the personal telephone numbers of neighbours and their contact persons in category 2. 3. Insofar as it concerns the information in categories 14 to 16 of Annexure A of these reasons, the access application is remitted to the agency for reconsideration in accordance with these reasons. 4. The agency is to notify the applicant and the Registrar of its new decision in relation to the category 14 to 16 information by 8 March 2024. 5. The applicant is to notify the agency and the Registrar if he wishes to proceed with an administrative review of the new decision or if his application is withdrawn by 15 March 2023. 6. If the applicant wishes to proceed with his administrative review application he must also apply to the Registrar to have the application listed for directions. Catchwords: ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) -whether information is held by the agency – public interest considerations against disclosure – prejudice any person's legitimate business, commercial, professional or financial interests Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 55, 63 Government Information (Public Access) 2009 (NSW), ss 3, 5, 9, 12, 13, 14, 15, 54, 55, 58, 74, 80, 100, 104, 105 Cases Cited: Battin v University of New England [2013] NSWADT 73 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWCATAP 25 Newcastle City Council v Newcastle East Residents Act Group [2018] NSWCATAP 259 Shi v Migration Agents Regulatory Authority (2008) 235 CLR 286 Transport for NSW v Searle [2018] NSWCATAP 93 Texts Cited: Nil Category: Principal judgment Parties: Nicholas Grande (Applicant) Lismore City Council (Respondent) Representation: Counsel: R D Turnbull (Applicant)