Infrastructure NSW & Department of The Premier and Cabinet v Mookhey [2018] NSWCATAP 213

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Infrastructure NSW & Department of The Premier and Cabinet v Mookhey [2018] NSWCATAP 213 Hearing dates: 6 April 2018 Date of orders: 14 September 2018 Decision date: 14 September 2018 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Goldstein, Senior Member Decision: (1) The Tribunal's rejection of the claim that the information in Documents 1, 5 and 11 is Cabinet information is affirmed. (2) Set aside Orders 1 and 2 of the orders made on 29 November 2017. (3) Remit the matter to the Tribunal for determination according to law. Catchwords: Appeal – Administrative Law – Access to government information – Cabinet information – no reasonable grounds for claim that Cabinet information – procedural fairness – whether agency should have opportunity to rely on alternative grounds to refuse access Legislation Cited: Administrative Decisions Review Act 1997 Civil & Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Infrastructure NSW Act 2011 (NSW) Restart NSW Fund Act Cases Cited: Ferraro v Lambert [2017] NSWCATAP 162 Texts Cited: None cited Category: Principal judgment Parties: Infrastructure NSW & Department of The Premier and Cabinet (Appellants)

The Honourable Daniel Mookhey MLC (Respondent) Representation: Counsel: DP Birch (Appellant)

Solicitors: The Crown Solicitor (Appellant) Neill & Co (Respondent) File Number(s): AP 17/54186 Publication restriction: None Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2017] NSWCATAD 345 Date of Decision: 29 November 2017 Before: Dr J Lucy, Senior Member File Number(s): 2016/00378352