Goodenough v Coffs Harbour City Council [2024] NSWCATAD 276

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Goodenough v Coffs Harbour City Council [2024] NSWCATAD 276 Hearing dates: 11 and 12 March 2024 Date of orders: 19 September 2024 Decision date: 19 September 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: (1) The orders numbered orders 4 and 5 made on 12 March 2024 be set aside to the extent that they pertain to the following information and/or documents (such that the following information and/or documents no longer fall within the meaning of "Confidential Material" as defined in order 2 made on 12 March 2024): (a) The names of the Transaction Documents. (b) The fact that the Implementation Agreement relates to, amongst other things, the transfer of certain assets for the operation, maintenance or development of the Airport and the grant of the lease of the "Leased Area" including the Enterprise Park. (c) The fact that the Development Agreement relates to the development of the "Leased Area" including the Enterprise Park. (d) The fact that the Transitional Services Agreement relates to the provision of services during a transitional period (e) The fact that the current zoning of the site proposed for the Enterprise Park and the need to rezone the site which is a matter of public knowledge as evidenced in the minutes and agendas of the Council and publicised in the media. (f) The Permission Letter. (g) Any other information disclosed publicly by virtue of this decision. (h) The documentary evidence relied upon by the Respondent and the Intervenor to contend that an obligation of confidentiality arises either with respect to the tender process or the executed Transaction Documents being: (i) the Confidentiality Provisions of each of the Transaction Documents including the definitions of the defined terms as used in those provisions; (ii) the Deed Poll; (iii) the Non-Binding Bids Process Letter; and (iv) the Binding Bids Process Letter (2) The decision of the Respondent is set aside. (3) Within 5 days of the making of these orders, a copy of this decision be provided to the Respondent and Intervenor with the following paragraphs unredacted: (a) Paragraphs marked "NOT FOR PUBLICATION"; and (b) Paragraphs marked "NOT FOR PUBLICATION FOR 35 DAYS". (4) Within 35 days of the making of these orders: (a) The information responsive to the Infrastructure Information Access Request and the Rezoning Information Request (as defined at paragraph 2 of this decision) be provided to the Second Applicant by way of a redacted copy of the Development Agreement redacted consistent with paragraphs 252 and 253 of this decision. (b) A copy of this decision be published with the following paragraphs unredacted: (i) Paragraphs marked "NOT FOR PUBLICATION FOR 35 DAYS" Catchwords: ADMINISTRATIVE LAW – access to government information – access applications – balancing exercise - public interest considerations in favour of disclosure – public interest considerations against disclosure – whether overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: AFW v Workcover Authority of NSW [2013] NSWADT 51 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Battin v University of New England (2013) NSWADT 73 Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5 Collins v Department of Finance, Service and Innovation [2018] NSWCATAD 60 Commissioner of Police v Danis [2017] NSWCATAP 7 Commissioner of Police, New South Wales Police Force v Camilleri (GD) [2012] NSWADTAP 19 Corrs Pavey Whiting & Byrne v Collector of Customs (Vic) (1987) 14 FCR 434 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Ex parte Palme 216 CLR 212 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hopson v Commissioner of Police, NSW Police Force [2017] NSWCATAD 379 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Johnson v Wollondilly Shire Council [2022] NSWCATAD 182 Jy v Commissioner for Police, NSW Police Force [2008] NSWADT 306 Male v Kempsey Shire Council [2022] NSWCATAD 39 McKean v Attorney-General and Justice [2015] NSWCATAD 176 Moran v Shellharbour City Council [2022] NSWCATAD 112 Optus Networks Pty Ltd v Telstra Corp Ltd (2010) 265 ALR 281 Parry-Jones v Law Society [1968] 1 All ER 177; Smith Kline & French Laboratories (Aust) Ltd v Secretary, Department of Community Services and Health (1990) 22 FCR 73 Taylor v Destination NSW [2020] NSWCATAD 137 Thomson v Commissioner of Police [2021] NSWCATAD 53 Walker v Northern Beaches Council [2021] NSWCATAD 251 Texts Cited: R Meagher, J Heydon and M Leaming, Meagher Gummow & Lehane's Equity: Doctrines & Remedies (4th ed, 2002) Category: Principal judgment Parties: Shannon Goodenough (First Applicant) H A Bachrach (Nom) Pty Ltd (ACN 005 026 326) (Second Applicant) Coffs Harbour City Council (Respondent) Coffs Harbour Airport Pty Ltd (First Intervenor) NSW Information Commissioner (Second Intervenor) Representation: Counsel: Q M Noakhtar (Applicant) R Coffey (Respondent) L Livingston SC; S Hoare (First Intervenor)