Toplace Pty Ltd v City of Parramatta [2021] NSWCATAD 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Toplace Pty Ltd v City of Parramatta [2021] NSWCATAD 149 Hearing dates: 28 January, 11 February 2021; submissions closed 11 March 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: 1. The deemed decision to refuse to deal with the access application is affirmed. 2. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 disclosure of: a. the material filed by the respondent on a confidential basis (exhibit R4), b. exhibit R5, and c. those paragraphs of these reasons identified as [NOT FOR PUBLICATION], is prohibited. That material is not to be released to the applicant or the public. Catchwords: ADMINISTRATIVE LAW – government information – access application – legal professional privilege – waiver – whether overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Environmental Planning and Assessment Act 1979 Evidence Act 1995 Government Information (Public Access) Act 2009 Local Government Act 1993 Cases Cited: AIN v Medical Council of New South Wales [2015] NSWCATAP 241 Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1996) 40 NSWLR 12 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 College of Law Ltd v Australian National University [2013] FCA 492 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Dreyfus v Attorney General [2021] AAT 1249 DSE (Holdings) Pty Ltd v Intertan Inc [2003] FCA 1191 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 General Manager, WorkCover Authority of NSW v Law Society (NSW) [2006] NSWCA 84 Leech v Sydney Water Corporation [2010] NSWADT 298 Mann v Carnell [1999] HCA 66, (1999) 201 CLR 1 Nash v Glennies Creek Coal Management Pty Ltd (No 2) [2013] NSWIRComm 67 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Osland v Secretary to Department of Justice (2008) 234 CLR 275 Switchcorp Pty Ltd v Multiemedia Ltd [2005] VSC 425 Toplace Pty Ltd v City of Parramatta Council [2017] NSWLEC 1594 Transport NSW v Searle [2018] NSWCATAP 93 Texts Cited: None Category: Principal judgment Parties: Toplace Pty Ltd (Applicant) City of Parramatta (Respondent) Representation: Solicitors: McKees Legal Solutions (Applicant) City of Parramatta (Respondent) File Number(s): 2020/00241583 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 disclosure of: (a)the material filed by the respondent on a confidential basis (exhibit R4), (b)exhibit R5, and (c)those paragraphs of these reasons identified as [Not for publication], is prohibited. That material is not to be released to the applicant or the public.