Gordon v University of Sydney [2011] NSWADT 278

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Gordon v University of Sydney [2011] NSWADT 278 Hearing dates: 12 and 14 April 2011 Decision date: 25 November 2011 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: 1.The decision of the respondent that is the subject of File No 103236 is set aside and remitted for reconsideration in accordance with the findings and recommendation as set out in these reasons for decision. 2.The application that is File No 103331 is listed for directions on 2 February 2012 at 9.30 am. Catchwords: Access to documents - whether documents were agency's documents - whether documents were exempt documents - documents containing information obtained in confidence and documents containing information concerning personal affairs of a person other than the applicant for access. Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW)) Freedom of Information Act 1989 (NSW) (repealed) Freedom of Information Act 1982 (Cth) Freedom of information Act 1992 (WA) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Alexander v University of Sydney [2008] NSWADT 214 Ambikapathy v Victorian Legal Aid [1999] VCAT 136 Challita v NSW Department of Education and Training [2011] NSWADT 16 Cianfrano v Director General Premier's Department [2007] NSWADT 216 Chief Executive Officer, State Rail Authority v Woods [GD] [2003] NSWADTAP 25 Colakovski v Australian Telecommunications Corporation (1991) 29 FCR 429 Commissioner of Police v District Court of New South Wales (Perrin's case) (1993) 31 NSWLR 606 Diehm v Taree Greater City Council [2010] NSWADT 241 Department of Social Security v Dyrenfurth [1988] FCA 148; (1988) 8 AAR 544 Director-General Department of Education and Training v Mullet [2002] NSWADTAP 13 Lawrence v Port Stephens Council [2008] NSWADT 243 McGuirk v University of New South Wales [2009] NSWCA 321 at [29]; (2009) 75 NSWLR 224 University of New South Wales v Gerard Michael McGuirk [2006] NSWSC 1362 Re Allan N Healy and The Australian National University [1985] AATA122 (23 May 1985) Re Chandra and Minister for Immigration and Ethnic Affairs (1984) 6 ALN N257 Re Enid Freda Bleicher v Australian Capital Territory Health Authority [1990] FCA 290; 96 ALR 732/12 AAR 246/20 ALD 625 24 FCR 497 (13 August 1990) Re French (1987) 12 ALD 525 Re Williams and Registrar of Federal Court of Australia (1985) 8 ALD 219 Swift v Shire of Busselton [2003] WAIRCmr 7 Thompson v Department of Infrastructure [2003] VCAT 44 Thompson v Ministry of Transport [2009] NSWADT 185 Young v Wicks (1986) 13 FCR 85 Category: Principal judgment Parties: Michael Gordon (Applicant) University of Sydney (Respondent) Representation: Counsel B Zipser (Applicant) J Oakley (Respondent) Brock Partners, Lawyers (Applicant) K Rehn (Respondent) File Number(s): 103236 and 103331 Publication restriction: Pursuant to section 55 of the Freedom of Information Act 1989 (NSW) and section 75(2) of the Administrative Decisions Tribunal Act 1997 these reasons for decision, in part, are not to be disclosed to the public or applicant and his legal representatives.