Page:Patrick v Australian Information Commissioner (FCAFC).pdf/22

 77 It follows that even if the breach of statutory duty alleged by the appellant had been established, it would not have been appropriate to grant the declaratory relief sought.

Conclusion

78 As the appellant has failed to establish any error on the part of the primary judge, the appeal must be dismissed. Even if error had been established, that the appellant did not seek the most appropriate remedy in these circumstances, being an order requiring that the relevant statutory duty be complied with, we would not, in the exercise of our discretion, have made the declarations sought. It follows that the respondent should have her costs of the appeal.

I certify that the preceding seventy-eight (78) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justices Bromwich, Abraham and McEvoy.

Associate:

Dated: 11 July 2024 Patrick v Australian Information Commissioner [2024] FCAFC 93