Transport for NSW v Searle [2018] NSWCATAP 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Transport for NSW v Searle [2018] NSWCATAP 93 Hearing dates: 31 January 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member Dr J Renwick SC, Senior Member Decision: 1. Leave to appeal granted. 2. The appeal is allowed. 3. Set aside the order made by the Tribunal on 14 September 2017, as modified by the subsequent order made by the Tribunal on 21 September 2017. 4. The decision made on behalf of the appellant to refuse access to the documents sought by the respondent is affirmed. Catchwords: APPEAL – administrative law – access to government information – risk management of high profile infrastructure project – information supplied to expert review team investigating project status under confidentiality regime – proof as to whether disclosure could reasonably be expected to prejudice the future supply of confidential information – error of law or fact – reconsideration of merits – whether overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Ansoul v City of Sydney [2017] NSWCATAD 65 Attorney–General (NSW) v Stuart (1994) 34 NSWLR 667 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australian Vaccination Network v Department of Finance & Services [2013] NSWADT 6 Betfair Pty Limited v Racing New South Wales (No 7) [2009] FCA 1140; 181 FCR 66 BHP Billiton Ltd v Dunning [2013] NSWCA 421 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, NSW Police Force v Cammilleri (GD) [2012] NSWADTAP 19 Commonwealth v Northern Land Council (1992) 176 CLR 604 Electoral Commissioner, State Electoral Office v McCabe [2003] NSWADTAP 28 House v King (1936) 55 CLR 499 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Manly v Ministry of Premier and Cabinet (1995) 14 WAR 550 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Raven v The University of Sydney [2015] NSWCATAD 104 Robinson Helicopter Company Incorporated v Mc Dermott [2016] HCA 22 Williams v Department of Industry and Investment (NSW) [2012] NSWADT 192 Woolley v Lismore City Council [2013] NSWADT 10 Category: Principal judgment Parties: Transport for NSW (Appellant) The Honourable Adam Searle MLC (Respondent) Representation: Counsel: S Free and J Taylor (Appellant) The Hon. A Searle MLC (Respondent)