Mookhey v Infrastructure NSW [2017] NSWCATAD 345

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mookhey v Infrastructure NSW [2017] NSWCATAD 345 Hearing dates: On the papers Date of orders: 29 November 2017 Decision date: 29 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) A hearing is dispensed with and the matter is to be determined on the papers.

(2) The decision of Infrastructure NSW in respect of the information in Documents 1, 5 and 11 is set aside and, in substitution for that decision, Infrastructure NSW is to provide the applicant with access to that information within 28 days of the date of this decision.

(3) The remainder of the application is dismissed on the basis that it has been withdrawn. Catchwords: ADMINISTRATIVE LAW – Government information – Cabinet information claim – Whether documents prepared for dominant purpose of submission to Cabinet – Whether documents tend to reveal position taken by Minister – Whether documents tend to reveal Cabinet decisions or deliberations Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Evidence Act 1995 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Freedom of Information Act 1982 (Cth) Infrastructure NSW Act 2011 (NSW) Restart NSW Fund Act 2011 (NSW) Cases Cited: D'Adam v New South Wales Treasury [2014] NSWCATAD 68 D'Adam v New South Wales Treasury and the Premier of New South Wales [2015] NSWCATAP 61 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423 Re Toomer and Department of Agriculture, Fisheries and Forestry [2003] AATA 1301; 78 ALD 645 Searle v Transport for NSW [2017] NSWCATAD 256 Secretary to the Department of Treasury and Finance v Dalla Vella [2007] VSCA 11 Texts Cited: NSW Treasury "Guidelines for Capital Business Cases: Policy and Guidelines Paper," December 2008 Category: Principal judgment Parties: The Hon. Daniel Mookhey MLC (Applicant) Infrastructure NSW (First Respondent) NSW Department of Premier & Cabinet (Second Respondent) Representation: Solicitors: Neil & Co, Aus Ship Lawyers (Applicant) NSW Crown Solicitor's Office (Respondent) File Number(s): 2016/00378352