Leda Developments Pty Ltd v Tweed Shire Council [2013] NSWADT 121

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Leda Developments Pty Ltd v Tweed Shire Council [2013] NSWADT 121 Hearing dates: On the papers Decision date: 30 May 2013 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: 1. The decision of the respondent in regard to the deleted information in the emails that are item 1 is affirmed. 2. With the exception of the deletions that are the names and email addresses of employees of the respondent, the decision of the respondent in regard to the deleted information in the email that is item 2 is affirmed. 3. The decision of the respondent in regard to the names and email addresses of employees of the respondent as listed in the addressees of the email that is item 2 is set aside and in substitution thereof a decision that the applicant be granted access to this information. 4. With the exception of the deletion of the name of person C and the deletions under the heading 'At' and 'observed by' on page one of the attachment to the submission of the letter that is item 3, the decision of the respondent is affirmed. 5. The decision of the respondent in regard to the deletion of the name of person C and the deletions under the heading 'At' and 'observed by' on page one of the attachment to the submission of the letter that is item 3 is set aside and in substitution thereof a decision that the applicant be granted access to this information. 6. The decision of the respondent in regard to the deletion of person D's email address in item 4 is affirmed. The decision of the respondent in regard to the remaining deletions to item 4 is set aside and in substitution thereof a decision that the applicant be granted access to this deleted information. Catchwords: Government information - public access - names and email addresses of individuals corresponding with the respondent agency Legislation Cited: Administrative Decisions Tribunal Act 1997 Environmental Planning and Assessment Act 1979 Freedom of Information Act 1989 (NSW repealed) Freedom of Information Act 1982 (Cth) Government Information (Public Access) Act 2009 Government Information (Public Access) Regulation 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR180 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Category: Principal judgment Parties: Leda Developments Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: R van Rij (Agent for Applicant) Marsdens Law Group (Respondent) File Number(s): 123221