Buttrose v NSW Trustee and Guardian [2023] NSWCATAD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Buttrose v NSW Trustee and Guardian [2023] NSWCATAD 165 Hearing dates: 15 May 2023 Date of orders: 26 June 2023 Decision date: 26 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The decision of the respondent dated 13 February 2022, as varied by its written submissions filed on 27 February 2023, is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – conclusive presumption that there is an overriding public interest against disclosure – whether the claim for privilege is invalid on the basis that the disputed information was prepared in the perpetration of a fraud. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) NSW Trustee and Guardian Act 2009 (NSW) State Records Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AWB Ltd v Cole (No 5) (2006) 155 FCR 30; Adstead Pty Ltd (in liq) v Liddan Pty Ltd [1997] SASC 6727 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Barnes v Addy (1874) 9 Ch 244; Bridgewater v Leahy (1998) 194 CLR 457 Calverley v Green (1984) 155 CLR 242 Ex Parte Cox (1887) 20 QBD 1 Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Green v Green (1987) 17 NSWLR 343 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jackson v University of New South Wales [2019] NSWCATAD 224 Jarra Creek Central Packing Shed Pty Ltd v Amcor Limited [2011] FCA 671 Leech v Sydney Water Corporation [2010] NSWADT 298 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar, the Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand (2006) 66 NSWLR 112 Mann v Carnell (1999) 201 CLR 1 Meldru v Wollondilly Shire Council [2017] NSWCATAD 292 Nelson v Nelson (1995) 184 CLR 538 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Re Diplock [1951] AC 251 Re Southland Coal Pty Ltd (Receivers and Managers Appointed) (in liq) [2006] NSWSC 899 Strang v Owens [1925] 42 WN (NSW) 183 Taylor v Destination NSW [2017] NSWCATAD 272 Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) (No 9) [2013] FCA 1350 YG & GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Category: Principal judgment Parties: Richard William Buttrose (Applicant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: Applicant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2023/00005360 Publication restriction: Pursuant to s 64(1)(c) of the NCAT Act the publication or disclosure of the parts of these Reasons marked "NOT FOR PUBLICATION", other than to the respondent (NSW Trustee & Guardian), is prohibited.