APACHE NORTHWEST PTY LTD -v- DEPARTMENT OF MINES AND PETROLEUM [No 2] [2011] WASC 283

Link to Appeal: [2012] WASCA 167  

SUPREME COURT OF WESTERN AUSTRALIA
[2011] WASC 283
N/A
GDA 1/2011
4-5 AUGUST & 5 SEPTEMBER 2011
EDELMAN J
17/10/2011
Perth
Appeal dismissed
B
APACHE NORTHWEST PTY LTD
DEPARTMENT OF MINES AND PETROLEUM
LANDER AND ROGERS, LAWYERS
Freedom of information
Exempt matter
Construction of cl
4(2), cl
4(3), cl
5(1)(e), cl
5(1)(f), cl
5(1)(g) of sch
1 of the Freedom of Information Act 1992 (WA) Administrative law
Whether findings made by the Information Commissioner that a document did not contain material of commercial value and that the Appellant would be likely to continue to use documents after they were released were findings which were not open to him Administrative law
Whether conclusion by Information Commissioner that a measure of restricting access to information would remain in place even though the documents were released was perverse Administrative law
Whether findings were irrational, illogical, and not based upon findings or inferences of fact supported by logical grounds Administrative law
Natural justice
Nature of obligation of 'procedural fairness'
Whether Information Commissioner was required to allow the Appellant an opportunity to make oral submissions or present expert evidence
Freedom of Information Act 1992 (WA), s3(1), s3(2)(a), s10, s23(1)(a), s76(4), s85, s87, s88, s102(2), sch1, cl4(2), cl4(3), cl5(1)(e), cl5(1)(f), cl5(1)(g)
Attorney-General's Department & Australian Iron and Steel Pty Ltd v Cockcroft (1986) 10 FCR 180
Australian Broadcasting Tribunal v Bond [1990] HCA 33
(1990) 170 CLR 321
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Borden v Walters (Unreported, QSC, 17 September 1999)
Centrelink v Dykstra [2002] FCA 1442
Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456
(1993) 43 FCR 280
Cox v Land & Water Journal Company (1869) LR9Eq 324
Health Department of Western Australia v Australian Medical Association Ltd [1999] WASCA 269
Heatley v Tasmanian Racing & Gaming Commission (1977) 137 CLR 487
Holland v Federal Commissioner of Taxation [1999] FCA 1125
(1999) 42 ATR 418
Kioa v West (1985) 159 CLR 550
Manly v Ministry of Premier & Cabinet (1995) 14 WAR 550
Maxwell v Department of Trade & Industry [1974] 1 QB 523
McKinnon v Secretary, Department of Treasury [2006] HCA 45
(2006) 228 CLR 423
Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6
(1996) 185 CLR 259
Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32
(2004) 207 ALR 12
(2004) 78 ALJR 992
Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation (1963) 113 CLR 475
Osland v Secretary to the Department of Justice [2010] HCA 24
(2010) 241 CLR 320
Osland v Secretary, Department of Justice [2008] HCA 37
(2008) 234 CLR 275
Police Force of Western Australia v Winterton (Unreported, WASC, Library No 970646, 27 November 1997)
R v District Court of Sydney
Ex parte White (1966) 116 CLR 644
Re Minister for Immigration and Multicultural Affairs
Ex parte Applicant S20/2002 [2003] HCA 30
(2003) 77 ALJR 1165
Re Public Interest Advocacy Centre & Community Services (No 2) (1991) 23 ALD 714
Re R H Burton
Ex parte Steven Burns t/as Burns Corporation (Unreported, WASCA, Library No 980154, 6 February 1998)
Re Sitel Australia Pty Ltd and Employment Advocate [2005] AATA 617
(2005) 40 AAR 552
Re Thies & Department of Aviation (1986) 9 ALD 454
Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue [2001] HCA 49
(2001) 207 CLR 72
Searle Australia Pty Ltd v Public Interest Advocacy Centre [1992] FCA 241
(1992) 36 FCR 111
University of Ceylon v Fernando [1960] 1 All ER 631
Water Corporation v McKay [2010] WASC 210
White v Ryde Municipal Council [1977] 2 NSWLR 909
N/A
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