TerraCom Limited v Office of the Information Commissioner, Lock the Gate Alliance Limited & Department of Natural Resources, Mines and Energy

TerraCom Limited sought an appeal from a decision of the Information Commissioner, which had found that certain information was required to be disclosed under the Information Act. The appeal was heard in the Queensland Court of Appeal. Lock the Gate Alliance Limited and the Department of Natural Resources, Mines and Energy intervened in the appeal. The primary issue for the Court was whether a stay of proceedings should be granted in the circumstances of the case, particularly when refusing the stay would render the appeal nugatory.

The Court considered the general principles of staying proceedings, including the need to balance the interests of all parties and to avoid unnecessary costs and delays. The Court found that there were significant issues of public interest involved in the appeal, and that the appeal had a reasonable chance of success. The Court also noted that refusing the stay would render the appeal nugatory, as the information would be disclosed before the appeal could be determined. The Court held that, in the circumstances of the case, it was appropriate to grant a stay of proceedings.

The Court ordered that the decision of the Information Commissioner, made on 2 July 2018 in application number 313446, be stayed until determination of the appeal. This meant that the disclosure of the information would be put on hold until the appeal was resolved, and the potential impact of the appeal on the public interest could be fully considered.