Grocon Group Holdings Pty Limited v Infrastructure NSW (No 4) [2023] NSWSC 1545

Supreme Court New South Wales

Medium Neutral Citation: Grocon Group Holdings Pty Limited v Infrastructure NSW (No 4) [2023] NSWSC 1545 Hearing dates: 22 November 2023 Decision date: 12 December 2023 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The relief sought in paragraphs 4 and 6 of the plaintiffs' notice of motion filed on 31 August 2023 be dismissed; (2) The motion be stood over to 2 February 2024to deal with any outstanding questions. Catchwords: EVIDENCE — Privileges — Public interest immunity — Whether cabinet documents immune from production EVIDENCE — Privileges — Legal professional privilege — Waiver — Whether waiver arises from conduct that is inconsistent with the maintenance of the confidentiality that the privilege is designed to protect Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Evidence Act 1995 (NSW) Cases Cited: Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd (No 3) [2020] FCA 1766 Commonwealth v Northern Land Council (1993) 176 CLR 604; [1993] HCA 24 Grocon Group Holdings Pty Limited v Infrastructure NSW (No 2) [2023] NSWSC 1144 Ku-ring-gai Council v West (2017) 95 NSWLR 1; [2017] NSWCA 54 Macquarie Bank Limited v Arup Pty Limited [2016] FCAFC 117 Spencer v Commonwealth (2012) 206 FCR 309 Category: Procedural rulings Parties: Grocon Group Holdings Pty Limited (First Plaintiff) Grocon (CB) Developments Pty Limited (Second Plaintiff) Grocon Developments Group Pty Limited (Third Plaintiff) Infrastructure NSW (Defendant) Representation: Counsel: S Mirzabegian SC with J Buncle (Plaintiffs) D Barnett with S Murray (Defendant) R Bhalla (The Cabinet Office)