Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. On 12 March 2024, Rory Steinle-Davies (the applicant) lodged an application (the GIPA request) with Inner West Council (the respondent), seeking the release of information under the Government Information (Public Information) Act 2009 (NSW) (the GIPA Act).

2. On 17 May 2024, the respondent issued a Notice of Decision pursuant to s 60 of the GIPA Act, by which it decided to provide access to some information (s 58(1)(b) of the GIPA Act) and to refuse access to some information (s 58(1)(d) of the GIPA Act).

3. The applicant applied to the Tribunal for administrative review of that decision and the matter was heard on 20 December 2024. The Tribunal reserved its decision.

4. On 4 March 2025, the Tribunal published its decision, which affirmed the decision under review.

5. The respondent has now applied to the Tribunal for an order that the applicant pay its costs of the proceedings under s 60 of the Civil and Administrative Tribunal Act 2013 (the NCAT Act), notwithstanding the fact that the applicant was self-represented.

Hearing dispensed with

6. The Tribunal invited the parties to make submissions as to whether the need for a hearing could be dispensed with under s 50(2) of the NCAT Act. Both parties consented to a hearing being dispensed with and for the matter to be determined on the papers.

7. I am satisfied that there is sufficient evidence before me to enable a proper determination of the current application on the papers and I therefore dispense with a hearing.

Application for costs

8. The respondent relies upon the following documents and evidence:

1) Submissions dated 26 March 2025; and

2) Statement of Matthew To dated 26 March 2025.

9. The respondent argues that there are "special circumstances" warranting an order for costs and it relies upon the alleged weakness of the applicant's claim (s 60(3)) and an allegation that the proceedings were "vexatious, misconceived or lacking in substance" (s 60(e)).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196d69f61beb22de1db2a69e)

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