Sneesby v Shoalhaven City Council [2019] NSWCATAD 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sneesby v Shoalhaven City Council [2019] NSWCATAD 234 Hearing dates: 5 September 2019 Date of orders: 11 November 2019 Decision date: 11 November 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) On the date on which this decision is published, the respondent having been notified in advance of the decision by the Divisional Registrar, the respondent is to correspond directly with: (a) the directors and/or secretaries of the third parties Aulsebrook Constructions and South Coast Timber Supply; (b) RMB Lawyers; (c) Cowman Stoddart; and (d) M.E.McMahon and Associates; concerning these proceedings. (2) That correspondence shall draw the following matters to the attention of the third parties: (a) These reasons for decision. (b) The existence of their right to appear and be heard in these proceedings under section 104(3) of the Government Information (Public Access) Act 2009. (c) That if they decide to exercise their rights under section 104 (3), they must do so by advising the respondent and the Tribunal within seven (7) days of the date of the respondent's correspondence. (3) On receipt of a communication from any or all of the third parties referred to in Order 1 above, the matter will be listed for a Case Conference before Senior Member Ludlow on a date to be advised to all parties. (4) In the absence of any action by any third party in accordance with order (2) (c), the decision of the respondent under review is set aside and in substitution of that decision the respondent is to: (a) provide the applicant with access to documents which were fully withheld from the applicant, with the exception of D12/268393; (b) provide the applicant with copies of the documents already released to him but with only the names of the directors of the companies who are also third parties removed; (c) provide the applicant with a copy of D17/146096 without redaction. (5) The operation of Order 4 is not to take effect before the expiry of fourteen (14) days after the publication of this decision.. Catchwords: FREEDOM OF INFORMATION - consultation with third parties – personal information – prejudice to court proceedings or right to procedural fairness Legislation Cited: Administrative Decisions Review Act 1997 Environmental Planning and Assessment Act 1979 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Protection of the Environment Operations Act (NSW) Cases Cited: Battin v University of New England [2013] NSWADT 73 Foster v Federal Commissioner of Taxation (1951) 82 CLR 606 Luxford v Department of Education and Communities [2016] NSWCATAD 118 Neary v State Rail Authority [1999] NSWADT 107 Australian Vaccination Network v Department of Finance and Services [2013] NSWADT 60 Quipolly Water Action Group v NSW Department of Industry [2016] NSWCATAD 252 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport for NSW v Searle [2018] NSWCATAP 93 Newcastle City Council v Newcastle East Residents Action Group Inc [2018] NSWCATAP 254 Waterford v The Commonwealth of Australia (1987) 163 CLR 54 WL v Randwick City Council [2007] NSWADTAP 58 Texts Cited: None cited Category: Principal judgment Parties: Paul Sneesby (Applicant) Shoalhaven City Council (Respondent) Information Commissioner (Intervenor) Representation: Solicitors: Applicant (Self Represented) S Neilson (Authorised Officer)(Respondent) File Number(s): 2019/00149132 Publication restriction: Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, the paragraph marked "Not for Publication" in these reasons is not to be published or disclosed to the applicant or intervenor.