Meriton Property Services Pty Limited & Ors v UrbanGrowth NSW

Meriton Property Services Pty Limited and others brought an application against UrbanGrowth New South Wales for access to information contained in tender documents. The dispute was heard and determined in the New South Wales Supreme Court. The applicants sought information related to the tender process for the supply of services, which UrbanGrowth NSW had refused to disclose under certain exemptions in the Government Information (Public Access) Act 2009 (NSW).

The court was required to determine whether the exemptions applied to prevent disclosure of the information. Specifically, the court had to consider whether disclosure of the information would prejudice the supply of confidential information that facilitates the effective exercise of an agency's functions, or whether it would reveal information provided in confidence, diminish the competitive commercial value of any information to any person, or prejudice any person's legitimate business, commercial and financial interests.

In affirming the decision under review, the court found that the exemptions applied. The court concluded that disclosure of the information would have the effect of revealing information provided in confidence and would diminish the competitive commercial value of any information to any person. Furthermore, the court found that the competitive advantage that the tender process sought to maintain would be prejudiced, which would prejudice any person's legitimate business, commercial and financial interests.

No further orders were made.