Sternberg v Blue Mountains City Council [2017] NSWCATAD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sternberg v Blue Mountains City Council [2017] NSWCATAD 67 Hearing dates: 21 December 2016 Decision date: 03 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The respondent's decision is affirmed. Catchwords: GOVERNMENT INFORMATION – Decision to refuse to confirm or deny that agency holds information – Whether overriding public interest against disclosure of information confirming or denying that fact – Whether this is to be determined by applying balancing test under s 13 Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Clarkin v Newcastle City Council [2013] NSWADT 44 CYL v YZA [2016] NSWCATAD 314 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86 Fahey v NSW Office of Liquor, Gaming and Racing [2012] NSWADT 181 JD v New South Wales Medical Board [2008] NSWADT 67 Nasr v State of New South Wales [2007] NSWCA 101 ZR v NSW Department of Education and Training [2009] NSWADT 84 Category: Principal judgment Parties: Peter Ronald Sternberg (Applicant) Blue Mountains City Council (Respondent) Representation: Solicitors: In Person (Applicant) Mardens Law Group (Respondent) File Number(s): 2106/00378208 Publication restriction: The publication of, and the disclosure to the applicant of, the affidavit of Adam Glen dated 21 December 2016, the contents of the envelope filed by the respondent in these proceedings on 7 October 2016 and marked "Non-disclosure documents" and the oral evidence given in the confidential session of the hearing of this matter, are prohibited under s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act 2013 until further order.