Saul & Anor v Commissioner for Fair Trading [2017] NSWCATAD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saul & Anor v Commissioner for Fair Trading [2017] NSWCATAD 91 Hearing dates: 28 July 2016 and 28 October 2016 Date of orders: 28 March 2017 Decision date: 28 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent is affirmed (except as referred to in order (2). (2) Further to the decision of 20 January 2016 that decision is varied by the orders of the Tribunal made on 28 July 2016 and 28 October 2016. Catchwords: GIPA Act – Government Information – Access – Confidential evidence – Decisions substantially affirmed – Weight of evidence – Public interest considerations against disclosure Legislation Cited: Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Government Information (Public Access) Act 2009 Property Stock and Business Agents Act 2002 Cases Cited: Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Commissioner of Police NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Saleam v Commissioner of Police, New South Wales Police Service [2002] NSWADT 40 Salmon v Corrective Services NSW [2016] NSWCATAD 257 Johnson v Commissioner of Police, NSW Police Force [2017] NSWCATAD 59 Category: Principal judgment Parties: Maryellan Saul (First Applicant) Burling Realty Pty Ltd (Second Applicant) Commissioner for Fair Trading, Office of Finance, Services and Innovation (Respondent) Representation: Counsel: S Hartford-Davis (First & Second Applicant) N Case (Respondent)