Leech v Sydney Water Corporation

CITATION:

Leech v Sydney Water Corporation [2010] NSWADT 298

DIVISION:

General Division

PARTIES:

1st APPLICANT
Michael Leech

2nd APPLICANT
Steve Yang Constructions Pty Ltd

RESPONDENT
Sydney Water Corporation

FILE NUMBER:

103112

HEARING DATES:

6 October 2010

SUBMISSIONS CLOSED:

6 October 2010

EXTEMPORE DECISION DATE:

6 October 2010

BEFORE:

Montgomery S - Judicial Member

CATCHWORDS:

Freedom of Information Act - access to documents – business affairs

LEGISLATION CITED:

Administrative Decisions Tribunal Act 1997
Freedom of Information Act 1989

CASES CITED:

Colakovski v Australian Telecommunications Corporation (1991) 29 FCR 429
Hynes v General Manager, Hawkesbury City Council [2004] NSWADT 135
Neary v State Rail Authority [1999] NSW ADT 107
Robinson v Director General Department of Health [2002] NSWADT 222
Searle Australia Pty Ltd v PIAC (1992) 108 ALR 163

REPRESENTATION:

1st APPLICANT
J Dawson, solicitor

2nd APPLICANT
A Yang, agent

RESPONDENT
J Mattson, solicitor

ORDERS:

The matter is remitted for re-consideration by Sydney Water pursuant to section 63(3)(d) of the Administrative Decisions Tribunal Act 1997 with the recommendation that documents be released in a redacted form. The information referred to at paragraph [23] of these reasons should be removed from the documents before they are released.

REASONS FOR DECISION

1 Mr Leech applied to Sydney Water Corporation (“Sydney Water”) under the Freedom of Information Act 1989 (“the FOI Act”) for access to the following documents:

1. All documents including file notes, correspondence, letters and emails recording communications between Sydney Water on one hand or any person on its behalf and Steve Yang Constructions Co Pty Limited CAN 057 281 839 ("the company”) or any person on the company's behalf, on the other hand in respect of the period 1 January 2005 to date.
2. All documents appointing or authorising the company to hold itself out as being accredited by Sydney Water.
3. All documents recording any complaints to Sydney Water in respect of the company's performance and/or the provision of inaccurate advice in respect of the period 1 January 2000 to date.
4. All documents including file notes, reports, correspondence and the like giving directions to the company for the period 1 January 2003 to date,
5. Any file notes, reports, correspondence, emails and any other records or communications in respect of an incident on 30 June 2008 at 23 Mount Street Hunters Hill when a sewer line was ruptured.
6. Without limiting the generality of the above, the file relating to the company for the period 1 January 2003 to date.

2 One of the issues that prompted Mr Leech to make the request to Sydney Water was his concern about Sydney Water's processes for accrediting and monitoring the performance of its accredited suppliers.

3 Sydney Water considered that the disclosure of certain documents was likely to concern the business affairs of third parties, and therefore I sought the views of those parties with respect to the release of this information. Steve Yang Constructions (“SYC”) objected to the release of some of the documents that Mr Leech had sought.

4 The…