Imielska v NSW Land and Housing Corporation [2021] NSWCATAD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Imielska v NSW Land and Housing Corporation [2021] NSWCATAD 74 Hearing dates: 12 December 2019 and 11 March 2020 Date of orders: 24 March 2021 Decision date: 24 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The decision of LAHC, made on 6 June 2019, is varied as follows: (a) the redactions and withheld information, other than that which is privileged or contains personal information about an individual other than the applicant or her son, in the documents listed below is to be released to the applicant: Schedule 4 – document number: 8, 9, 12, 30 (other than the first redaction), 39 (other than the first redaction), 43, 45, 46 (redactions in email sent 8 May 2018), 47(redactions in the email sent 8 May 2018), 48, 56, 59 (second redaction), 70, 78, 81, 83, 82, 91, 93 (attachment) 96, 97, 98 (attachment), 99, 100, 102, 105, 108, 109, 110, 112, 113, 114, 115, 116, 117, 118, 119, 124, 125, 126, 127, 128, 132, 144 and 145 Schedule 5 – document number 19, 21, 22, 23 and 25 (2) The decision of LAHC, made on 6 June 2019, is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – access to government information – conclusive public interest against disclosure – client legal privilege and common interest - overriding public interest against disclosure – prejudice a deliberative process of a government agency – personal information Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Freedom of Information Act 1989 (NSW) (repealed) Government Information Public Access Act 2009 (NSW) Housing Act 2001 (NSW) Cases Cited: AIN v Medical Council (NSW) [2015] NSWCATAP 241 Archer Capital 4A Pty Ltd (atf Archer Capital Trust 4A) v Sage Group pic (No 2) [2013] FCA 1098 (Archer); (2013) 306 ALR 384 AWB Limited v Honourable Terence Rhoderic Hudson Cameron v Commissioner of Police (NSW) [2014] NSWCATAD 13 Cole [2006] FCA 571 AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 5) [2006] FCA 1234 Colefax v Department of Education and Communities [2013] NSWADT 72 Commissioner Australian Federal Police v Propend Finance Pty Ltd [1997] HCA 3; (1997) 188 CLR 501 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Cygnett Pty Ltd v Souris [2020] FCA 1754 Daniels Corp International Pty Limited v Australian Director General, Department of Education & Training v Mullett & anor (GD) [2002] NSWADTAP 13 Competition and Consumer Commissioner [2002] HCA 49; (2002) 213 CLR 543 DSE (Holdings) PTY Ltd v Intertan Inc [2003] FCA 1191; (2003) 135 FCR 151 Farrow Mortgage Services Pty Ltd (in liq) v Webb (1996) 39 NSWLR 601 General Manager, WorkCover Authority of NSW v Law Society (NSW) [2006] NSWCA 84 Grant v Downs [1976] HCA 63; (1976) 135 CLR 674 Inlon Pty Ltd v Celli SpA [2017] NSWSC 569 Marshall v Prescott [2013] NSWCA 152 McLennan v University of New England [2013] NSWADT 113 Media Ocean Ltd v Optus Mobile Pty Ltd (No 10) [2010] FCA 1348 Medlyn v Commissioner of Police [2020] NSWCATAD 125 at paragraph [89] Network Ten Ltd v Capital Television Holdings Ltd (1995) 36 NSWLR 275 Re JE Waterford and Department of Treasury (No 2) (1984) 5 ALD 588 Rickard Constructions Pty Ltd v Rickard Hails Moretti Pty Ltd [2006] NSWSC 234 Telstra Corporation Ltd v Minister for Communications, Information Technology and the Arts (No 2) [2007] FCA 1445 Transport for NSW v Robinson [2018] NSWCATAP 123 Watt v Department of Planning and Environment [2016] NSWCATAD 42. Waterford v Commonwealth [1987] HCA 25, (1986)-(1987) 163 CLR 54 Texts Cited: None cited Category: Principal judgment Parties: Grazyna Imielska (Applicant) NSW Land and Housing Corporation (Respondent) Representation: Solicitors: Applicant (Self Represented) HWL Ebsworth Lawyers (Respondent) File Number(s): 2019/00157413 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material that was filed in these proceedings on a confidential basis and to those paragraphs of these reasons identified as [NOT TO BE PUBLISHED ]. That material is not to be published or released to the Applicant, without further order of the Tribunal.