Ku-ring-gai Council v NSW Department of Premier and Cabinet [2016] NSWCATAD 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ku-ring-gai Council v NSW Department of Premier and Cabinet [2016] NSWCATAD 181 Hearing dates: 29 June 2016 Date of orders: 15 August 2016 Decision date: 15 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Renwick SC, Senior Member Decision: The decision under review is affirmed. Catchwords: Government Information (Public Access) Act – access to Cabinet information – reasonable grounds for claim that information is Cabinet information – earlier decision of Tribunal making the same finding in relation to the same documents on substantially the same affidavit material – comity between Tribunal members – decision followed – independently came to same conclusions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Local Government Act 1993 (NSW) Cases Cited: ALZ v SafeWork NSW (No 2) [2016] NSWCATAD 121 Bennison v NSW Department of Premier and Cabinet [2016] NSWCATAD 101 Bevege v Commissioner of Police, NSW Police Force [2014] NSWCATAD 22 BY v Director General, Attorney-General's Department [2002] NSWADT 79 Commonwealth of Australia v Northern Land Council [1993] HCA 24 D'Adam v NSW Treasury [2014] NSWCATAD 68 D'Adam v Treasury [2015] NSWCATAP 61 Ku-ring-gai Council v West [2016] NSWLEC 62 Rittau v Commissioner of Police, NSW Police Service [2000] NSWADT 186 Sankey v Whitlam [1978] HCA 43 Texts Cited: Butterworths Australian Legal Dictionary The Constitution of NSW, A Twomey Category: Principal judgment Parties: Ku-ring-gai Council (Applicant) NSW Department of Premier and Cabinet and the Premier of NSW (Respondents) Representation: Counsel: V McWilliam (Applicant) A Mitchelmore (Respondent)