Scully v Sydney Metro [2025] NSWCATAD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Scully v Sydney Metro [2025] NSWCATAD 3 Hearing dates: 10 October 2024, 7 November 2024 Date of orders: 06 January 2025 Decision date: 06 January 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: M Deane, Senior Member Decision: (1) The decision of the Respondent to refuse to provide access to information in full or in part in relation to the following documents is affirmed: 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 76, 77, 78, 79, 80, 81, 82, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 95, 96, 97, 98, 99, 100, 101, 102, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 130, 131, 132, 133, 135, 136, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203 and 204. (2) The decision of the Respondent to refuse to provide access to information in response to an access application in relation to the following documents is set aside and remitted to the Respondent for reconsideration in accordance with the recommendations in relation to Category 3 documents in this decision and the provisions of the GIPA Act within 30 business days after the date of this decision: 37, 38, 39, 52, 83, 94, 106 and 137. (3) The decision of the Respondent to refuse to provide access to information in response to an access application in relation to the following documents is set aside and, in substitution, a decision that the Applicant be granted access to that information within 20 business days after the date of this decision is made, if it has not already been provided: 75, 103, 125, 126, 127, 128, 129 and 134. (4) The decision of the Respondent to impose a processing charge is affirmed. (5) Under section 64(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the sound recording and the transcript of the closed hearings (from 10:58 to 11:51 am on 10 October 2024 and 10:20am to 12:11pm; 12:11 pm to 12:45pm and 1:43 - 1:48pm on 7 November 2024) of these proceedings, and the paragraphs in this decision marked "NOT FOR PUBLICATION" is prohibited. (6) Under section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW) disclosure to the Applicant or any other person apart from representatives of the Respondent, of the sound recording and the transcript of the closed hearings (from 10:58 to 11:51 am on 10 October 2024 and from 10:20am to 12:11pm; 12:11 pm to 12:45pm and 1:43 - 1:48pm on 7 November 2024) in these proceedings and the paragraphs in this decision marked "NOT FOR PUBLICATION" is prohibited. (7) Under section 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) publication of any of the confidential documents contained in the bundle of confidential documents lodged by the Respondent paginated 1 - 1084 is prohibited. (8) Under section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW) disclosure to the Applicant of any of the confidential documents contained in the bundle of confidential documents lodged by the Respondent paginated 1 - 1084 is prohibited, apart from those listed in order 2 (after reconsideration by the Respondent) and order 3, unless otherwise released administratively by the Respondent. Catchwords: ADMINISTRATIVE LAW – Government information - legal professional privilege ADMINISTRATIVE LAW – Government information – processing charges 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) Cases Cited: Archer Capital 4A Pty Ltd (atf Archer Capital Trust 4A) v Sage Group pic (No 2) [2013] FCA 1098 AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 5) (2006) 155 FCR 30 Cargill Aust Ltd v Viterra Malt Pty Ltd (No 8) [2018] VSC 193 Commissioner of Taxation v PricewaterhouseCoopers [2022] 114 ATR 335 Commissioner, Australian Federal Police v Propend Finance (1997) 188 CLR 501 Daniels Corp International Pty Limited v Australian Competition and Consumer Commissioner (2002) 213 CLR 543 Grant v Downs (1976) 135 CLR 674 Jackson v University of New South Wales [2019] NSWCATAD 224 Kenquist Nominees Pty Ltd v Campbell (No 5) [2018] FCA 853 Moore v Southern NSW Local Health District [2024] NSWCATAD 72 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Telstra Corporation Ltd v Minister for Communications, Information Technology and the Arts (No 2) [2007] FCA 1445 Turner v Bayer Australia Ltd (privilege ruling) (2023) 70 VR 290 Waterford v Commonwealth (1987) 163 CLR 54 Wollondilly Shire Council v Styles [2024] NSWCATAP 104 Yee v Medical Council of NSW [2017] NSWCATAD 370 Texts Cited: None cited Category: Principal judgment Parties: Gordon Fraser Scully (Applicant) Sydney Metro (Respondent) Representation: Applicant (Self-Represented) Sparke Helmore (Respondent) File Number(s): 2024/00204549 Publication restriction: (1) Under section 64(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the sound recording and the transcript of the closed hearings (from 10:58 to 11:51 am on 10 October 2024 and 10:20am to 12:11pm; 12:11 pm to 12:45pm and 1:43 - 1:48pm on 7 November 2024) of these proceedings, and the paragraphs in this decision marked "NOT FOR PUBLICATION" is prohibited.