Morris and Queensland Competition Authority
(2004 F0497, 6 June 2005)
Commercial affairs – matter affecting financial or property interests of an agency
The applicant sought access to documents relating to a claim for payment of a debt for building work done by the applicant's company and to a counterclaim by the QCA for breach of contract. The QCA argued that the matter in issue was exempt under s.45(1)(c).
Assistant Commissioner Barker found, in accordance with Johnston and Queensland Transport: Department of Public Works (Third Party) (2004) 6 QAR 307 that the QCA did not have financial affairs for the purposes of s.45(1)(c), but that the QCA's submissions were equally applicable to a claim for exemption under s.49 as the matter in issue concerned the financial interests of the QCA. AC Barker found, however, that disclosure of the matter in issue, which was largely known to the applicant, would not have a substantial adverse effect on the financial interests of the QCA, and that it did not qualify for exemption.