New South Wales Trustee and Guardian v Clark [2019] NSWCATAP 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: New South Wales Trustee and Guardian v Clark [2019] NSWCATAP 257 Hearing dates: 30 August 2019 Date of orders: 14 October 2019 Decision date: 14 October 2019 Jurisdiction: Appeal Panel Before: Cole DCJ, Deputy President L Pearson, Principal Member Decision: (1) The appeal is allowed. (2) The decision of the Tribunal dated 30 April 2019 in this matter is set aside. (3) Mr Clark's application for the release to him under the Government Information (Public Access) Act 2009 (NSW) of documents prepared by the NSW Trustee and Guardian for the purpose of obtaining letters of administration with respect to the estate of Ms Reiner from 1 May 2015 to 10 December 2015, being an application for excluded information under the Act, is not a valid application, and is refused. Catchwords: APPEAL – access to information – whether information sought "excluded information" Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Interpretation Act 1987 (NSW) New South Wales Trustee and Guardian Act 2009 (NSW) Probate and Administration Act 1898 (NSW) Category: Principal judgment Parties: NSW Trustee and Guardian (Appellant) Bradley Roy Clark (Respondent) Representation: Counsel: S Chapple (written submissions Appellant) H Morrison (hearing 30 August 2019 Appellant)