Donnellan v Ku-ring-gai Council [2013] NSWADT 115

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Donnellan v Ku-ring-gai Council [2013] NSWADT 115 Hearing dates: On the papers Decision date: 27 May 2013 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: 1. Subject to the following additional deletions from the information in the emails, the subject of this application, the decision of the respondent is affirmed: (a) deletion of the information that is an email address of a person other than an officer or representatives of the respondent; (b) deletion of the information in the body of the emails at tab 21, 22, 24 and 25 that were sent on 23 August 2011 at 7:47, 8:06, 8:22 and 10:06 am; (c) deletion of the information in the body of the email at tab 215, sent at 7:43 pm. 2. Pursuant to subs 75(2) of the Administrative Decisions Tribunal Act 1997, for 30 days after the publication of this decision, the material deleted after the words 'Not to be published' in paragraphs 44, 55, 62 and 73 of these reasons for decision are not to be disclosed to applicant, Mr Donnellan, the applicant's legal representative or the public. Catchwords: Government information - public access - whether information in response to a development application is personal information - where public interest lies on balance Legislation Cited: Administrative Decisions Tribunal 1997 Freedom of information Act 1989 (NSW)(repealed) Freedom of Information Act 1982 (Cth) Government Information (Public Access) Act 2009 Government Information (Public Access) Regulation 2009 Local Government Act 1993 Cases Cited: McKinnon v Secretary, Department of Treasury [2006] HCA 45, at [61] and Attorney-General's Department v Cockcroft (1986) 10 FCR180 Retain Beacon Hill High School Committee Inc v NSW Treasury [2007] NSWADT 55 Staldone Corporation Pty Ltd v Ku-ring-gai Council [2012] NSWLEC 1035 Staldone Corporation Pty Ltd v Ku-ring-gai Council [2012] NSWLEC 1055 Category: Principal judgment Parties: Steve Donnellan (Applicant in 123199) Graeme Gurney (Applicant in file 123258) Namoi Dougall (Applicant in file 123259) Margot Coleman (Applicant in file 123263) Ku-ring-gai Council (Respondent) Representation: Adam Stack & Co (for S Donnellan) G Gurney (Applicant in person) N Dougall (Applicant in person) M Coleman (Applicant in person) Norton Rose (Respondent) File Number(s): 123199, 123258, 123259, 123263 Publication restriction: 75(2) of the Administrative Decisions Tribunal Act 1997 applies for 30 days after the publication of this decision