Nicholls v Transport for NSW (No 2) [2018] NSWCATAD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nicholls v Transport for NSW (No 2) [2018] NSWCATAD 89 Hearing dates: On the papers Date of orders: 19 April 2018 Decision date: 19 April 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: The decision of the respondent dated 7 March 2017 is affirmed. Catchwords: Government Information (Public Access) Act 2009 GIPA Act– Government information – access – confidential information – cabinet material – position minister was taking – reasonable grounds for claim – requirement for documents before the tribunal – meaning of documents Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Interpretation Act 1987 Cases Cited: Bennison v NSW Department of Premier and Cabinet [2016] NSWCATAD 101 D'Adam v New South Wales Treasury [2015] NSWCATAP 61 Nicholls v Transport for NSW [2017] NSWCATAD 361 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 255 Category: Principal judgment Parties: Sean Nicholls (Applicant) Transport for NSW (Respondent) Representation: Counsel: B Lim (Respondent)

Solicitors: Banki Haddock Fiora Solicitors (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2017/00110887 Publication restriction: Pursuant to s 107 of the Government Information (Public Access) Act 2009 and s 64 of the Civil and Administrative Tribunal Act 2013 the paragraphs marked as 'Confidential – not for publication' – are not to be disclosed to the applicant or the public.