Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 3) [2020] FCA 1766 File number: NSD 2289 of 2018
Judgment of: WIGNEY J
Date of judgment: 9 December 2020
Catchwords: PRACTICE AND PROCEDURE – claim of public interest immunity by Secretary, Department of Premier and Cabinet (NSW) over Cabinet documents – class claims – whether documents were Cabinet documents – whether public interest against disclosure is outweighed by public interest in favour of disclosure – limited disclosure
Legislation: Competition and Consumer Act 2010 (Cth) ss 45, 45(1)(b), 45(2)(a)(ii), 155 Evidence Act 1995 (Cth) s 130
Cases cited: Alister v The Queen (1984) 154 CLR 404 Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2020] FCA 1232 Burmah Oil Co Ltd v Governor and Co of the Bank of England [1980] AC 1090 Commonwealth v Construction, Forestry, Mining and Energy Union (2000) 98 FCR 31 Commonwealth v Northern Land Council (1993) 176 CLR 604 Gaudioso v Roads and Maritime Services (No 2) [2020] NSWLEC 51 Ku-ring-gai Council v Garry West as delegate of the Acting Director-General, Office of Local Government (2017) 95 NSWLR 1 Sankey v Whitlam (1978) 142 CLR 1 Spencer v The Commonwealth (2012) 206 FCR 309 State of New South Wales v Public Transport Ticketing Corporation [2011] NSWCA 60
Division: General Division
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