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Supreme Court supports Councils' document request

24 September 2014

Today Associate Justice Daly of the Supreme Court made a ruling in favour of Moreland and Yarra City Councils.  

The ruling will require the Minister for Planning to disclose the documents which the Minister had in his possession and considered in deciding to approve the East West Link and possibly the secret business case.

The Minister’s written reasons for approving the East West Link say that in deciding to approve the project, the Minister did “not rely on a business case”. 

The Councils are concerned to know whether the Minister even considered the secret business case, or indeed, whether the Minister considered any document which provides any economic justification for the project.

The ruling of the Supreme Court will require the Minister to disclose in a list any documents in his possession at the time he approved the EWL, and any documents the Minister considered in making the decision.  

Even though the Minister says he did not “rely” on the business case, whether the Minister read or considered the business case is unclear.  

The Minister opposed the Councils’ attempt to seek that clarity. The Courts ruling gives the Councils what they have always sought – transparency in decision making.

Read the judgment here: pdf format Discovery Judgment Moreland CC v Minister for Planning 24 Sept 2014 (3.18 MB)

Further information
Toby Walker
Coordinator - Communications
9205 5120 

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