Bellamy v Transport for NSW [2019] NSWCATAD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bellamy v Transport for NSW [2019] NSWCATAD 54 Hearing dates: 21 November 2019 Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) Pursuant to section 63(3)(d) of the Administrative Decisions Review Act 1997, the decision under review is set aside. The matter is remitted for reconsideration in relation to the issue of whether further information falling within the scope of the access application is held by the Respondent's Transport Coordination Division. (2) The redetermination is to be completed by 23 April 2019 (3) The decision under review is otherwise affirmed. (4) The matter is listed for a further case conference at 9:30 am on 7 May 2019 Catchwords: Administrative Law – –access to government information - cabinet material –whether reasonable grounds for withholding information established - commercially confidential information – reasonableness of searches. Legislation Cited: Government Information (Public Access) Act 2009 Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Cases Cited: Amos v Central Coast Council [2018] NSWCATAD 101 BNQ v South Eastern Sydney Local Health District [2015] NSWCATAD 156 Camilleri v Commissioner of Police, New South Wales Police Force [2012] NSWADT 5 D'Adam v New South Wales Treasury [2015] NSWCATAP 61 Park v Transport for NSW [2018] NSWCATAD 82 Robinson v Transport for NSW; Robinson v Roads and Maritime Services [2017] NSWCATAD 353 Shepherd and Department of Housing, Local Government and Planning [1994] QICmr 7, (1994) 1 QAR 464 Webb v Port Stephens Council [2018] NSWCATAP 224 Texts Cited: Nil Category: Principal judgment Parties: John Bellamy (Applicant) Transport for NSW (Respondent) Representation: Counsel: D Birch (Respondent)