Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Queanbeyan City Council v ACTEW Corporation Limited [2008] FCA 1983
PRACTICE AND PROCEDURE – Discovery of documents –Claim of public interest immunity – Australian Capital Territory government documents – Cabinet deliberations, drafting instructions to Parliamentary Counsel's office - need to weigh public interest in confidentiality of documents against public interest in administration of justice Acts Interpretation Act 1901 (Cth), s 15AB Commonwealth Constitution, s 90 Evidence Act 1995 (Cth), s 130 Utilities (Network Facilities) Tax Act 2006 (ACT) Water Resources Act 1998 (ACT) Water Resources Act 2007 (ACT) Air Services Australia v Canadian Airlines International Ltd (1999) 202 CLR 133 CIC Insurance Ltd v Bankstown Football Club Ltd (1997)187 CLR 384 Commonwealth v Northern Land Council (1993) 176 CLR 604 Ha v State of New South Wales (1997) 189 CLR 465 North Australian Aboriginal Legal Aid Service Inc v Bradley [2001] FCA 1080 Sankey v Whitlam (1978) 142 CLR 1 Sportodds Systems Pty Ltd v New South Wales (2003) 133 FCR 63 QUEANBEYAN CITY COUNCIL v ACTEW CORPORATION LIMITED and THE AUSTRALIAN CAPITAL TERRITORY
ACD 52 of 2007
STONE J
23 DECEMBER 2008
CANBERRA (heard in sydney)
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 52 of 2007
BETWEEN: QUEANBEYAN CITY COUNCIL
Applicant
AND: ACTEW CORPORATION LIMITED
First Respondent
THE AUSTRALIAN CAPITAL TERRITORY
Second Respondent
JUDGE: STONE J
DATE OF ORDER: 23 DECEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Subject to order 2 of these orders, the application for access to the documents listed in the Schedule to the Court's reasons be dismissed. 2. The second respondent provide discovery of the email in the Department of Treasury document numbered 284 in the Schedule to the Court's reasons. 3. The applicant pay the second respondent's costs of and incidental to the notice of motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
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