Eyes v Wyong Shire Council [2016] NSWCATAD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eyes v Wyong Shire Council [2016] NSWCATAD 120 Hearing dates: 20 October 2015 Date of orders: 16 June 2016 Decision date: 16 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The application for access to the requested information is refused. Catchwords: Government Information – public Interest considerations in favour of disclosure – public interest considerations against disclosure - prejudice to effective exercise of agency functions - information provided in confidence - prejudice to the conduct, effectiveness or integrity of an investigation - diminish the competitive commercial value of the information - prejudice to legitimate business and commercial interests Legislation Cited: Government Information (Public Access) Act 2009 Freedom of Information Act 1989 Cases Cited: "B" and Brisbane North Regional Health Authority [1994] QICmr 1; (1994) 1 QAR 279 Attorney General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Battin v University of New England [2013] NSWADT 73 Commissioner of Police v Camilleri [2012] NSWADTAP 19 Leichhardt Municipal Council v Roads and Traffic Authority [2005] NSWADT 37 McKinnon v Blacktown City Council [2012] NSWADT 44 Media Research Group Pty Ltd v Department of Premier and Cabinet (GD) [2011] NSWADTAP 7 Moran v Shellhabour City Council [2011] NSWADT 241 Nature Conservation Council of NSW v Department of Trade and Investment Regional Infrastructure and Services [2012] NSWADT 195 Seeney and Department of State Development [2004] QlCmr 4 Category: Principal judgment Parties: Laurie Maxwell Eyes (Applicant) Wyong Shire Council (Respondent) Representation: Counsel: E Whitby (Respondent)