Office of Environment and Heritage v Scenic NSW Pty Ltd [2019] NSWCATAP 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Office of Environment and Heritage v Scenic NSW Pty Ltd [2019] NSWCATAP 176 Hearing dates: 22 May 2019 Date of orders: 22 May 2019 Decision date: 22 May 2019 Jurisdiction: Appeal Panel Before: Cole DCJ, Deputy President Hennessy ADCJ, Deputy President Decision: (1) The appeal is upheld on Grounds 1, 2 and 3. (2) The Tribunal's orders No 1 and 2 are set aside. (3) The Respondent's application for review is dismissed. Catchwords: APPEAL – whether Tribunal erred in finding there was a relevant 'reviewable decision' by which the applicant was aggrieved for the purpose of ss 80 and 100 of the Government Information (Public Access) Act 2009 Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Category: Principal judgment Parties: Office of Environment and Heritage (Appellant) Scenic NSW Pty Ltd (Respondent) The Information Commissioner Representation: Counsel: J Reid (Respondent)

Solicitors: Crown Solicitor (Appellant) Mills Oakley (Respondent) File Number(s): AP 19/05283 Publication restriction: unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2019] NSWCATAD 7 Date of Decision: 02 January 2019 Before: R L Hamilton SC File Number(s): 2018/00227284