Pycon Homes and Constructions Pty Ltd v Port Macquarie Hastings Council [2016] NSWCATAD 206

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pycon Homes and Constructions Pty Ltd v Port Macquarie Hastings Council [2016] NSWCATAD 206 Hearing dates: 29 March 2016 Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent is set aside. (2) In substitution of that decision the respondent is to provide the applicant with a copy of the floor plans for Lot 17 Wesley Avenue Port Macquarie NSW after 28 days from the date of this decision. Catchwords: GIPA Act- Copyright - Government information – Striking or unusual features – Whether a substantial part of a work had been reproduced – Significant public interest in favour of disclosure in such circumstances - Expose a person to harm or risk – Limit on exposure in context where information already revealed - Limit on exposure in context where information already exposed – Lack of significant weight to considerations against disclosure in such circumstances Legislation Cited: Copyright Act 1968 (Cth) Government Information (Public Access) Act 2009 Government Information (Public Access) Regulation 2009 Government Information (Information Commissioner) Act 2009 Cases Cited: Mannix v Department of Education and Communities [2014] NSWCATAD 35 Barrett Property Group Pty Ltd v Dennis Family Homes Pty Ltd [2011] FCA 246 Henley Arch Pty Ltd v Tamawood Pty Ltd [2003] FCA 204 LED Builders Pty Ltd v Eagle Homes Pty Ltd (1996) 35 IPR 215 Texts Cited: Knowledge update – Copyright and compliance with the GIPA Act March 2012 Information and Privacy Commission Category: Principal judgment Parties: Pycon Homes & Constructions Pty Limited (Applicant) Port Macquarie Hastings Council (Respondent) Representation: Solicitors: Gilbert's Legal Pty Ltd - North Coast Compensation Lawyers (Applicant ) Port Macquarie Hastings Council Governance Manager (Respondent) File Number(s): 1510624