Pycon Homes and Constructions Pty Ltd v Port Macquarie Hastings Council

Pycon Homes and Constructions Pty Ltd sought an order from the Land and Environment Court of New South Wales for the Port Macquarie Hastings Council to provide them with copies of the floor plans for a property they intended to purchase. The Council refused, citing the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). The Court was required to determine whether the Council's refusal was justified under the GIPA Act. The primary issue was whether the floor plans constituted government information and if so, whether the public interest in disclosure outweighed the considerations against it.

The Court found that the floor plans were indeed government information as they were created by a public sector agency and related to the administration of the local government area. The Court then assessed whether the public interest in disclosure outweighed the considerations against it. The Court held that there was a significant public interest in favour of disclosure, particularly in light of the fact that the information had already been revealed in part and there was no significant risk of harm or exposure to any individual. The Court also found that the considerations against disclosure did not carry significant weight in this context.

As a result, the Court set aside the Council's decision and ordered that they provide Pycon with a copy of the floor plans within 28 days. The Court emphasised that this decision was specific to the circumstances presented and did not set a broad precedent for the disclosure of similar information in other contexts.