Lonsdale v University of Sydney [2016] NSWCATAD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lonsdale v University of Sydney [2016] NSWCATAD 176 Hearing dates: 14 September 2015, 17 September 2015, 13 November 2015 Date of orders: 10 August 2016 Decision date: 10 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent to refuse access to information subject of the application (except in respect of information withheld under Clause 3 (a) of the Table to section 14) is affirmed. (2) The decision of the respondent to refuse access to information being names of persons for which the respondent relied upon Clause 3 (a) of the Table to section 14) is set aside. (3) In substitution of that decision, the respondent is to release the names of the persons referred to in folios 4,6,8,10,12,13,22 and 23 of Exhibit RC 3 to the applicant. Catchwords: GIPA Act – Government Information – Access –Confidential information – Commercial in confidence – Could reasonably be expected to reveal – Prejudice- Evidence- Opinion – Consideration of personal factors. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Cases Cited: Mannix v Department of Education and Communities [2014] NSWCATAD 35 Lonsdale v University of Sydney [2015] NSWCATAP 277 SL v University of Sydney [2011] NSWADT 65 Bayne v Department of Environment and Heritage [2016] NSWCATAD 52 Hutchinson v Walcha Shire Council [2015] NSWCATAD 132 Tebutt v Minister for Lands and Water [2015] NSWCATAD 95 Flack v Commissioner of Police (NSW) [2011] NSWADT 286 Leech v Sydney Water Corporation [2010] NSWADT 298 Public Service Association and Professional Officers Association, Amalgamated Union of NSW v Director General, Premier's Department [2002] NSWADT 277 Category: Principal judgment Parties: Tom Lonsdale (Applicant) University of Sydney (Respondent) Representation: Counsel: B Tronson (Respondent)