Taylor v Destination NSW

The applicant, Taylor, sought access to 79 documents under the Government Information (Public Access) Act 2009 (NSW). The documents were in the possession of the respondent, Destination NSW, which refused to provide them. Taylor appealed the decision to the NSW Civil and Administrative Tribunal (NCAT), which was upheld. Taylor then applied to the Supreme Court for judicial review of the NCAT's decision.

The court was required to determine whether the NCAT correctly applied the public interest test in deciding to uphold the refusal of access to the documents. The court also had to consider whether the respondent discharged the onus of proving that the documents contained confidential information, and whether the failure to consult with third parties affected the decision.

The court found that the NCAT did not adequately apply the public interest test. The NCAT had not properly balanced the public interest in disclosure against the public interest in non-disclosure. The court also found that the respondent had not discharged the onus of proving that the documents contained confidential information. The failure to consult with third parties did not affect the decision as the court found that the documents did not contain confidential information.

The court set aside the NCAT decision and remitted the matter to the respondent for reconsideration. The court ordered that the respondent confirm the completeness of the documents produced to the Tribunal, consult with third parties and provide them with the information relevant to them, and issue a reconsideration determination within 28 days. The matter was listed for directions on 7 November 2017 at 9.30am.