Waite v Hornsby Shire Council [2010] NSWADT 32

CITATION: Waite v Hornsby Shire Council [2010] NSWADT 32

DIVISION: General Division

APPLICANT Peter Andrew Waite PARTIES: RESPONDENT Hornsby Shire Council

FILE NUMBER: 093073

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 24 July 2009

DATE OF DECISION: 2 February 2010

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Amendment of record

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989

Bennett v University of New EnglandCrewdson v Central Sydney Area Health Service [2002] NSWCA 345 Ferns v New South Wales Department of Corrective Services [2007] NSWADT 296 Hayward-Brown v Wentworth Area Health Service [2000] NSWADT 46 CASES CITED: Livermore v Tumbarumba Shire Council (No.2) [2008] NSWADT 172 RE Williams and Registrar of Federal Court of Australia (1985) 8 ALD 219 Waite v Hornsby Shire Council [2009] NSWADT 117Z R v Department of Education and Training [2008] NSWADT 28

APPLICANT B Woolf, solicitor REPRESENTATION: RESPONDENT I Woodward, solicitor

ORDERS: The decision of the respondent is affirmed.

REASONS FOR DECISION

Introduction

1 Mr Waite made a request to the respondent, Hornsby Shire Council, pursuant to s. 39 of the Freedom of Information Act 1989 ('the FOI Act'), to amend three documents he had obtained access to under that Act. The documents related to concerns he had raised about a development application, approved by Council, on the property which adjoined his property. It was Mr Waite's contention that the documents in question contained information that was 'incomplete, incorrect, or misleading': see para 39(c) of the FOI Act.