Gales Holdings Pty Limited v Tweed Shire Council [2005] NSWADT 168

CITATION: Gales Holdings Pty Limited v Tweed Shire Council [2005] NSWADT 168 DIVISION: General Division APPLICANT PARTIES: Gales Holdings Pty Limited RESPONDENT Tweed Shire Council FILE NUMBER: 043319 HEARING DATES: 05/04/2005 08/04/2005 SUBMISSIONS CLOSED: 05/02/2005 DATE OF DECISION: 07/29/2005

BEFORE: Higgins S - Judicial Member APPLICATION: access to documents - confidential material - access to documents - internal working documents - Freedom of Information Act - access to documents - confidential material - Freedom of Information Act - access to documents - internal working documents MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Environmental Planning and Assessment Act 1979 Freedom of Information Act 1989 Local Government Act 1993 Attorney General's Department v Cockcroft (1986) 10 FCR 180 at 190 Australian Doctors' Fund Pty Ltd v Commonwealth of Australia (1994) 49 FCR 478 at 489 Cianfrano v Director General, New South Wales Treasury [2005] NSWADT 7 at [82 & 83] Freeland v. General Manager, Liverpool City Council [1999] NSWADT 95 Law Society of New south Wales v General Manager WorkCover Authority of New South Wales (No2)(GD) [2005] NSWADT 33 Leichhardt Municipal Council v Roads and Traffic Authority [2005] NSWADT 37 McCabe v Electoral Commission, State Electoral Office [2003] NSWADT 24 at [16] Preston v Casino Control Authority [2003] NSWADT Re B and Brisbane North Regional Health Authority (1994) 1 QAR 279 at 338 Re B and Brisbane North Regional Health Authority (1994) 1QAR 279 at 341 Re Eccleston and Department of Family Services and Aboriginal and Islander Affairs (1993) 1 QAR 60 CASES CITED: Re Howard and Treasurer of Commonwealth of Australia (1985) 7 ALD 626 Re Kamminga and Australian National University (1992) 26 ALD 585 at 588 Re Maher and Attorney General's Department (1985) 7 ALD 731 at 737 Re Toomer v Departmant of Agriculture, Fisheries and Forestry [2003] AATA 1301 at [115 to 119] Ryder v Booth [1985] VR 870 at 872 Secretary, Department of Employment, Workplace Relations and Small Business v Staff Development and Training Centre Pty Ltd (2001) 323 AAR 531 at 544 Surf Life Saving Australia Ltd v Director General, Department of Education and Training [2001] NSWADT 76 at [27 to 31] Wiseman v the Commonwealth (unreported, Full Federal Court, 24 October 1989 Wittingslow Amusements Group Pty Ltd v Director-General of Environmental Protection Authority of New South Wales (BC9301697;Unreported, NSWSC, Powell J, 23 April 1993) Woods v Chief Executive Officer, State Rail Authority [2002] NSWADT 253 at [52] Zagami v Waste Service of New South Wales [2005] NSWADT 60 Searle Australia Pty Limited v Public Interest Advocacy Centre (1992) 108 ALR 163 REPRESENTATION: T Robertson, barrister M R Lawson, barrister ORDERS: 1. The decision of the Respondent in respect of Documents 1 to 12 referred to in [10] of these reasons for decision is set aside and in substitution thereof a decision that the Applicant be granted access to these documents and that access is to be granted no later than 28 days from the publication of this decision; 2. That unless an application, with supporting submissions, is filed and served within 28 days of the publication of this decision, there will be no order for the costs of the application. If any such application is made, submissions by the opposing party must be filed and served within a further 28 days. The matter will be resolved 'on the papers', unless reasons are advanced for holding a hearing.