Moran v Shellharbour City Council [2011] NSWADT 241

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Moran v Shellharbour City Council [2011] NSWADT 241 Hearing dates: 08/12/2010 and 09/02/2011 Decision date: 19 October 2011 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: 1.With the exception of the deletions noted below, the decision of the respondent in regard to the deletions in the 2009 Feasibility Report, the Annual Programs and the Monthly Reports is affirmed. 2.The decision of the respondent in regard to the deletions in the 2009 Feasibility Report concerning the identity of the three feasibility options and the general description of those options as set out in the Executive Summary of the Report are set aside and in substitution thereof a decision to grant the applicant access to the identity of the three feasibility options in the Table of Contents and otherwise and also grant access to the general description of these options as contained in the Executive Summary in accordance with paragraph 98 of these reasons for decision. 3.The decision of the respondent in regard to the deletions in the 2009/2010 and 2010/2011 Annual Programs relating to the 2009 Feasibility Report is set aside under section 63(3)(d) of the Administrative Decision Tribunal Act 1997 for reconsideration in accordance with these reasons for decision. 4.The decision of the respondent in regard to the deletions in the March 2009 and May 2010 Monthly Reports as set out in paragraphs 101 and 102 of these reasons for decision, and the deletions in the minutes of meeting of the Committee attached to the April 2009 and May 2010 Monthly Reports as set out in paragraph 105 of these reasons for decision is set aside under section 63(3)(d) of the Administrative Decision Tribunal Act 1997 for reconsideration in accordance with these reasons for decision. Catchwords: Access to documents concerning a development project of the agency that was being conducted by another person on behalf of the agency - applicant granted access to documents subject to deletions - whether deletions were exempt under the business affairs, internal working or the financial and property interests of an agency had a commercial value or concerned the business, commercial and financial affairs of an agency or another person - public interest Legislation Cited: Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 (repealed) Government Information (Public Access) Act 2009 Cases Cited: Department of Community Services v Latham [2000] NSWADTAP 21 General Manager, WorkCover Authority of NSW v Law Society of NSW (2006) 65 NSWLR 502; [2006] NSWCA 84 McGuirk v University of New South Wales [2010] NSWADT 158 Neary v State Rail Authority [1999] NSWADT 107 Re Angel and Department of Arts, Heritage & Environment (1985) 9 ALD 113 Re Cannon and Australian Quality Egg Farms Ltd (1994) 1 QAR 491 Searle Australia Pty Ltd v Public Interest Advocacy Centre (1992) 36 FCR 111; 16 AAR 28; 108 ALR 163 Watt v Forests NSW [2007] NSWADT 197 Category: Principal judgment Parties: Susan Lorraine Moran (Applicant) Shellharbour City Council (Respondent) Representation: Counsel D O'Sullivan (Applicant on 08/12/2010) S Moran (Applicant in person on 09/02/2011) Sparke Helmore (for the Respondent) File Number(s): 103150