NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Holman v Northern Beaches Council [2024] NSWCATAD 336 Hearing dates: 18 April 2024; on the papers Date of orders: 12 November 2024 Decision date: 12 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: The decision the subject of the review is affirmed. Catchwords: ADMINISTRATIVE LAW – access to government information – access applications – conclusive presumption – overriding public interest considerations against disclosure – legal professional privilege – balancing exercise - public interest considerations in favour of disclosure – public interests considerations against disclosure – whether overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: Bailey v Commissioner of Police, NSW Police Force [2023] NSWCATAD 275 Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jenkinson v Department of Education and Communities [2013] NSWADT 280. Leech v Sydney Water Corporation [2010] NSWADT 298 at [25] Lock the Gate Alliance v Department of Planning and Environment [2019] NSWCATAD 6 Luxford v NSW Department of Education and Communities [2016] NSWADT 118 Neary v State Rail Authority [1999] NSWADT 10 Public Service Assn v Premier's Department [2002] NSWADT 277. Searle Australia Pty Ltd v PIAC (1992) 108 ALR 163 Seven Network Ltd v News Ltd [2005] FCA 142 Williams v Department of Industry and Investment [2012] NSWADT 192 Category: Principal judgment Parties: John Holman (Applicant) Northern Beaches Council (Respondent) Representation: Applicant (Self-Represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2023/00348436 Publication restriction: Orders previously made pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 on 18 April 2024
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