Randle and Department of Equity and Fair Trading

Randle and Department of Equity and Fair Trading
(1998 S0177, 25 May 1999) 

The matter in issue consisted of documents relating to the sale and purchase of a block of land by a number of different parties over a period of time.  The applicant was not referred to in the matter in issue, nor was he involved in the various sale/purchase transactions in any way, nor had he ever had any connection with the land. 

The Information Commissioner found that the third parties were acting in their personal and private capacities in entering into the sale/purchase contracts, or in giving their consent to applications for exemption under the Land Sales Act 1984 Qld, or in engaging solicitors to act on their behalf in respect of those transactions. 

The Information Commissioner held that a person's decision to sell or purchase residential land in his/her private capacity, and documentation evidencing or relating to such a transaction is properly characterised as information concerning the personal affairs of the relevant individuals, under s.44(1) of the FOI Act. 

The Information Commissioner also found that there did not exist any identifiable public interest considerations favouring disclosure of the matter in issue, which were of sufficient weight to warrant a finding that disclosure to the applicant would, on balance, be in the public interest.  The Information Commissioner found that the matter in issue was exempt under s.44(1) of the FOI Act.