NSW Caselaw
Appeal Panel - Internal
CITATION: IPART v Services Sydney Pty Ltd (GD) [2008] NSWADTAP 79
APPELLANTS (1) Independent Pricing and Regulatory Tribunal (2) Premier of New South Wales PARTIES: RESPONDENTS (1) Services Sydney Pty Ltd (2) Sydney Water Corporation
FILE NUMBER: 089036
HEARING DATES: 18 July 2008
DATE OF DECISION: 5 December 2008
BEFORE: O'Connor K - DCJ (President); Pearson L - Judicial Member; Blake C - Non-Judicial Member
Freedom of Information - Restricted Documents - Reasonable Grounds - Nature of Jurisdiction of Tribunal - section 57 - Relationship with section 63. CATCHWORDS: - Freedom of Information - Business Affairs, Internal Working Documents, Confidential Information Exemptions - Public Interest - Whether Information can be obtained by Use of Powers of Compulsion - Relevance.
DECISION UNDER APPEAL: Services Sydney Pty Ltd v Independent Pricing and Regulatory Tribunal and Anor [2008] NSWADT 100
FILE NUMBER UNDER APPEAL: 073180
DATE OF DECISION UNDER APPEAL: 04/03/2008
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1982 (Cth) Freedom of Information Act 1989 Therapeutic Goods Act 1966 (Cth)
Attorney General's Department v Cockcroft (1986) 64 ALR 97 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bag and Jute Co (Tw'th) Pty Ltd and Collector of Customs [1993] AATA 350; (1993) 18 AAR 477 BY -v- Director General, Attorney General's Department [2002] NSWADT 79 Chief Executive Officer, State Rail Authority v Woods (No. 2) (GD) [2003] NSWADTAP 39 Commissioner of the Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Craig v South Australia (1995) 184 CLR 163 CASES CITED: Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Harshaw and Australian Competition and Consumer Commission [2007] AATA (26 October 2007) McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Neary v State Rail Authority [1999] NSWADT 107 Re Organon (Australia) Pty Ltd and Department of Community Services and Health: Public Interest Advocacy Centre (1987) 13 ALD 588 Services Sydney Pty Ltd v Independent Pricing and Regulatory Tribunal and anor [2008] NSWADT 100 University of New South Wales v McGuirk [2006] NSWSC 1362
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