Elf Farm Supplies Pty Ltd v Department of Planning and Environment [2018] NSWCATAD 277

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Elf Farm Supplies Pty Ltd v Department of Planning and Environment [2018] NSWCATAD 277 Hearing dates: 30 May 2018 Date of orders: 29 November 2018 Decision date: 29 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision under review is varied.

2. The document titled 'Elf Farm Supplies Pty Ltd: Mushroom Substrate Plant - Modifications to Approved Expansion, Odour Emissions Plant Design and Construction Review, Mulgrave, NSW, Final Report' dated May 2016 is to be released to the access applicant in a redacted form in accordance with paragraphs [68] and [69] of these reasons. Catchwords: Administrative Law – Government Information (Public Access) - Access to government information - access application - overriding public interest against disclosure - diminish the competitive commercial - prejudice any person's legitimate business, commercial and financial interests Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Cases Cited: C H Real Estate Pty Limited (t/a Raine & Home Commercial, Penrith) v Penrith City Council [2005] NSWADT 147 CGU Workers Compensation (NSW) Ltd v Department of Planning and Environment [2018] NSWCATAD 32 McKinnon v Blacktown City Council [2012] NSWADT 44 Peter Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 Southern Radiology Nuclear Medicine v Environmental Protection Authority [2014] NSWCATAD 145 Category: Principal judgment Parties: Elf Farm Supplies Pty Ltd (Applicant) Department of Planning and Environment (Respondent) Representation: Counsel: A Connolly (Applicant)