Durie v Wollongong City Council [2017] NSWCATAP 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Durie v Wollongong City Council [2017] NSWCATAP 148 Hearing dates: 26 June 2017 Date of orders: 13 July 2017 Decision date: 13 July 2017 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President G Sarginson, Senior Member Decision: 1. The time for lodging the Notice of Appeal is extended to 9 January 2017. 2. The decision of the Tribunal is affirmed. 3. The appeal is dismissed. Catchwords: GOVERNMENT INFORMATION – where applicant applied under the Government Information (Public Access) Act 2009 (NSW) for personal information – where Wollongong City Council refused to provide that information – where Tribunal affirmed Council's decision – whether Tribunal made an error of law by not giving sufficient weight to considerations in favour of disclosure – whether Tribunal made an error of law by making a finding of fact without evidence – whether leave should be given to the applicant to appeal on grounds other than questions of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR Collins v Urban [2014] NSWCATAP 17 Jackson v Land and Housing Corporation [2014] NSWCATAP 22 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Janeen Durie (Applicant) Wollongong City Council (Respondent) Representation: Counsel: N Kelly (Respondent)