Eastman v Nepean Blue Mountains Local Health District [2024] NSWCATAP 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eastman v Nepean Blue Mountains Local Health District [2024] NSWCATAP 94 Hearing dates: 5 April 2024 Date of orders: 27 May 2024 Decision date: 27 May 2024 Jurisdiction: Appeal Panel Before: Armstrong J, President Dr R Dubler SC, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: ADMINISTRATIVE LAW — government information — sufficiency of search — whether documents withheld were excluded information in respect of which there was a conclusive presumption against disclosure — whether there was an overriding public interest against disclosure APPEALS — whether denial of procedural fairness — questions of law — whether leave to appeal should be granted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Actol Pty Ltd v Rise Products Pty Ltd; Rise Products Pty Ltd v Actol Pty Ltd [2023] NSWCATAP 259 Alexandria Landfill Pty Ltd v Transport for NSW [2020] NSWCA 165 Brahmbhatt v Osorio [2023] NSWCATAP 188 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Commissioner of Police, NSW Police Force v DYD [2023] NSWCATAP 244 Commissioner for Police, NSW Police Force v Hogan [2024] NSWCATAP 77 Eastman v Nepean Blue Mountains Local Health District [2022] NSWCATAD 263 Eastman v Nepean Blue Mountains Local Health District [2023] NSWCATAD 339 Moloney v Taylor [2016] NSWCA 199 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pholi v Wearne [2014] NSWCATAP 78 Pollock v Hicks [2015] NSWCA 122 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597 Starr v Johnston [2023] NSWCATAP 190 Targeted Property Investments Pty Ltd v Look Up Technologies Pty Ltd (No 2) [2023] NSWSC 416 Texts Cited: Nil Category: Principal judgment Parties: Virginia Anne Eastman (Appellant) Nepean Blue Mountains Local Health District (Respondent) Representation: Appellant (self-represented) J Cupples, agent for the Respondent File Number(s): 2024/00025721 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the Respondent on a confidential basis, to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to section 49 of the Civil and Administrative Tribunal Act 2013. That material is not to be released to either the Appellant or to the public. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2023] NSWCATAD 339 Date of Decision: 22 December 2023 Before: S Montgomery, Senior Member File Number(s): 2021/00265859