Jundu Pty Ltd and Mogul Stud Pty Ltd v The Hills Shire Council [2025] NSWCATAD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jundu Pty Ltd and Mogul Stud Pty Ltd v The Hills Shire Council [2025] NSWCATAD 1 Hearing dates: 11 December 2023 Date of orders: 06 January 2025 Decision date: 06 January 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: (1) The administratively reviewable decision under review is set aside. (2) The decision to release information as described in the Respondent's letter to the Tribunal of 4 December 2024 is affirmed. (3) The administratively reviewable decision under review is otherwise affirmed. (4) Pursuant to ss 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the contents of all paragraphs in these reasons marked NOT FOR PUBLICATION are not to be published or disclosed to the Applicant or the public. Catchwords: ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - presumption in favour of the disclosure of government information - overriding public interest against disclosure - public interest considerations against disclosure - public interest considerations in favour of disclosure - balance - term 'could reasonably be expected' - prejudice to supply of information - prejudice to the effective exercise of agency's functions - competitive commercial value of information - prejudice to legitimate business, commercial, professional or financial interests ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Lipscombe v Blue Mountains City Council [2018] NSWCATAD 182 Luxford v Department of Education and Communities [2016] NSWCATAD 118 Manning v Bathurst Regional Council [2018] NSWCATAD 132 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Mogul Stud Pty Ltd v The Hills Shire Council [2023] NSWLEC 1714 Ryan v NSW Minister for Planning and Open Spaces [2021] NSWCATAP 22 Sharples v Tweed Shire Council [2015] NSWCATAD 59 Category: Principal judgment Parties: Jundu Pty Ltd and Mogul Stud Pty Ltd (Applicant) The Hills District Shire Council (Respondent) Representation: Mills Oakley (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2023/00262220 Publication restriction: Pursuant to ss 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the contents of all paragraphs in these reasons marked NOT FOR PUBLICATION are not to be published or disclosed to the Applicant or the public.