Lamont v Central Coast Council - [2025] NSWCATAD 163

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Lamont v Central Coast Council [2025] NSWCATAD 163
Hearing dates: 28 February 2025
Date of orders: 14 July 2025
Decision date: 14 July 2025
Jurisdiction: Administrative and Equal Opportunity Division
Before: J Sullivan, Senior Member
Decision:
(1) The decision under review is varied to grant access to the “Draft 01” and the “Draft Final” versions of the Report titled “Stage 6 Cost-Benefit Analysis of Wamberal Terminal Coastal Protection Options”, dated 26 June 2021 and 27 April 2021 respectively.
(2) The Respondent must give effect to these orders within 14 days.
(3) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), publication of parts of these reasons marked “Not for publication” is prohibited.
(4) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of confidential material at pars [26]-[28] and Annexure H to the Applicant’s statement dated 23 January 2025 is prohibited.

Catchwords:
ADMINISTRATIVE REVIEW – request for information – draft Reports withheld by Council – whether overriding public interest considerations against disclosure

Legislation Cited:
Administrative Decisions Review Act 1997 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Government Information (Public Access) Act 2009 (NSW)

Cases Cited:
Cameron v Commissioner of Police, NSW Police Force [2014] NSWCATAD 13
Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19
Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286
Hurst v Wagga Wagga City Council [2011] NSWADT 307
Leech v Sydney Water Corporation [2010] NSWADT 298
McKinnon v Secretary, Department of Treasury [2006] HCA 45
McLennan v University of New England [2013] NSWADT 113
Re Waterford and Department of the Treasury (No 2) [1984] AATA 67
Salmon v Department of Justice (Corrective Services New South Wales) [2014] NSWCATAD 160
Sobh v Victoria Police (1993) 1 VR 41
South Dural Residents and Ratepayers Group Inc v Roads and Maritime Services [2019] NSWCATAD 83

Category: Principal judgment
Parties: Corinne Lamont (Applicant)
Central Coast Council (Respondent)
Representation:
Applicant (Self-represented)
Solicitors:
Wilshire Webb Staunton Beattie (Respondent)

File Number(s): 2024/00409349
Publication restriction:
Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), publication of parts of these reasons marked “Not for publication” is prohibited.
Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of confidential material at pars [26]-[28] and Annexure H to the Applicant’s statement dated 23 January 2025 is prohibited.

reasons for decision

On 20 August 2024 the Applicant, Ms Lamont, requested information from Central Coast Council (“the Council”) in an application made under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act).
She requested draft versions of the final report titled “Stage 6 – Cost Benefit Analysis of Wamberal Terminal Coastal Protection Options” published by NSW Department of Planning Industry Environment – Manly Hydraulics Laboratory in association with UNSW Sydney – Water Research Laboratory and Balmoral Group Australia, for Central Coast Council dated December 2021 (“Final Report”).
Three drafts of the Final…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWCATAD 163
Decision Date: 14 July 2025

CaseChat Overview and Summary

The applicant, Mr Lamont, sought access to certain documents related to the Wamberal Terminal Coastal Protection Options under the Government Information (Public Access) Act 2009 (NSW). The Central Coast Council refused to provide the requested information, citing public interest considerations against disclosure. The applicant applied to the Civil and Administrative Tribunal (CAT) for a review of the Council’s decision.

The primary legal issue for the Tribunal was whether the public interest considerations cited by the Council were sufficient to withhold the requested documents. Specifically, the Tribunal needed to determine whether the public interest in maintaining the confidentiality of the draft reports outweighed the public interest in disclosure. The Tribunal also had to consider the extent to which the information could be redacted to balance these interests.

In its decision, the Tribunal found that the public interest in maintaining confidentiality did not outweigh the public interest in disclosure. The Tribunal noted that the reports had already been shared with relevant stakeholders and were intended for public consideration. The Tribunal concluded that withholding the documents from the applicant would unduly restrict public access to information about a matter of significant public interest. Accordingly, the Tribunal ordered that the Council must provide the applicant with access to the draft reports, with certain redactions to protect confidential material. The Tribunal also noted that parts of its reasons and some confidential material were not to be published or disclosed further.

As a result, the Tribunal varied the Council’s decision to grant access to the requested documents, subject to the specified redactions. The Tribunal ordered the Council to comply with these directions within 14 days and prohibited the publication and disclosure of certain confidential material.

Orders

Orders of the court

(1) The decision under review is varied to grant access to the “Draft 01” and the “Draft Final” versions of the Report titled “Stage 6 Cost-Benefit Analysis of Wamberal Terminal Coastal Protection Options”, dated 26 June 2021 and 27 April 2021 respectively.

(2) The Respondent must give effect to these orders within 14 days.

(3) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), publication of parts of these reasons marked “Not for publication” is prohibited.

(4) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of confidential material at pars [26]-[28] and Annexure H to the Applicant’s statement dated 23 January 2025 is prohibited.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Lamont v Central Coast Council [2025] NSWCATAD 163
Hearing dates:	28 February 2025
Date of orders:	14 July 2025
Decision date:	14 July 2025
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	J Sullivan, Senior Member
Decision:	(1) The decision under review is varied to grant access to the “Draft 01” and the “Draft Final” versions of the Report titled “Stage 6 Cost-Benefit Analysis of Wamberal Terminal Coastal Protection Options”, dated 26 June 2021 and 27 April 2021 respectively. (2) The Respondent must give effect to these orders within 14 days. (3) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), publication of parts of these reasons marked “Not for publication” is prohibited. (4) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of confidential material at pars [26]-[28] and Annexure H to the Applicant’s statement dated 23 January 2025 is prohibited.
Catchwords:	ADMINISTRATIVE REVIEW – request for information – draft Reports withheld by Council – whether overriding public interest considerations against disclosure
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW)
Cases Cited:	Cameron v Commissioner of Police, NSW Police Force [2014] NSWCATAD 13 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 McKinnon v Secretary, Department of Treasury [2006] HCA 45 McLennan v University of New England [2013] NSWADT 113 Re Waterford and Department of the Treasury (No 2) [1984] AATA 67 Salmon v Department of Justice (Corrective Services New South Wales) [2014] NSWCATAD 160 Sobh v Victoria Police (1993) 1 VR 41 South Dural Residents and Ratepayers Group Inc v Roads and Maritime Services [2019] NSWCATAD 83
Category:	Principal judgment
Parties:	Corinne Lamont (Applicant) Central Coast Council (Respondent)
Representation:	Applicant (Self-represented) Solicitors: Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2024/00409349
Publication restriction:	Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), publication of parts of these reasons marked “Not for publication” is prohibited. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of confidential material at pars [26]-[28] and Annexure H to the Applicant’s statement dated 23 January 2025 is prohibited.