Webb v Port Stephens Council [2018] NSWCATAP 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v Port Stephens Council [2018] NSWCATAP 224 Hearing dates: 1 March 2018 and 1 May 2018 Date of orders: 20 September 2018 Decision date: 20 September 2018 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member S Higgins, Senior Member Decision: (1) The appeal against the Tribunal's decision made on 8 September 2018 in matter number 2016/00378165 to affirm the decision under review is allowed. (2) The Tribunal's decision made on 8 September 2017 in matter number 2016/00378165 to affirm the decision under review be set aside. (3) The review matter number 2016/00378165 is remitted to a differently constituted Tribunal for re-determination. (4) Otherwise, leave to appeal is refused and the appeal is dismissed. Catchwords: APPEAL – ADMINISTRATIVE LAW – access to information about consultations by Council about objections to development applications – public interest considerations against disclosure – reasons in McEwan decision apply to important factor relied upon against disclosure – other decisions that Council did not hold information sought – no justification for leave to appeal such decisions. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Amos v Central Coast Council [2018] NSWCATAD 101 Cianfrano v Director General Department of Commerce [2006] NSWADT 195 Collins v Urban [2014] NSWCATAP 17 Hemeon v Commissioner of Police, New South Wales Police Service [2002] NSWADT 201 Shepherd and Department of Housing, Local Government and Planning [1994] 1 QAR 464 Category: Principal judgment Parties: Telina Webb (Appellant) Port Stephens Council (Respondent) Representation: The Appellant was self-represented Ms Marshall, Legal Manager of the Respondent on 1 March 2018.