Newcastle City Council v Newcastle East Residents Action Group Inc [2018] NSWCATAP 254

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Newcastle City Council v Newcastle East Residents Action Group Inc [2018] NSWCATAP 254 Hearing dates: 25 May 2018 Date of orders: 29 October 2018 Decision date: 29 October 2018 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President J Currie, Senior Member Decision: Orders

1. In relation to the disputed information, referred to in Note 2 below, the internal appeal is to be dealt with by way of a new hearing.

2. In relation to the "disputed information", the appellant's decision to withhold that information is set aside and, in substitution for that decision, a decision is made to give the respondent access to that information.

3. In relation to Annexure 2 to the Newcastle 500 Civil Works Tripartite Agreement, which is information about which the Tribunal made no decision, the internal appeal is to be dealt with by way of a new hearing.

4. The appellant's decision to refuse to give access to Annexure 2 to the Newcastle 500 Civil Works Tripartite Agreement is set aside. In substitution for that decision, a decision is made to give the respondent access to that information.

Notes

1. There is no appeal from the Tribunal's decision to refuse to give access to the following information in the Newcastle 500 Civil Works Tripartite Agreement between Destination NSW, the Newcastle City Council and V8 Supercars Australia Ltd dated May 2017:

(a) the dollar amount in the definition of "Event Works Funding" on p 4; (b) the dollar amount in the definition of "Event Works Limitation Amount" on p 4; (c) the dollar amount in the definition of "NCC Works Funding" on p 5; (d) the dollar amount in the definition of NCC Works Limitation Amount" on p 5; (e) the information in Annexure 1 – Cash flow/payment schedule for Government Funding.