O'Hara v North Sydney Council [2005] NSWADT 100

CITATION: O'Hara v North Sydney Council [2005] NSWADT 100 DIVISION: General Division APPLICANT PARTIES: Louise O'Hara RESPONDENT North Sydney Council FILE NUMBER: 033250 HEARING DATES: 21 October 2004, 8 December 2004, 28 January 2005, 16 March 2005 SUBMISSIONS CLOSED: 03/16/2005 DATE OF DECISION: 05/10/2005

BEFORE: Higgins S - Judicial Member APPLICATION: access to documents - adequacy of search - access to documents - legal professional privilege - Freedom of Information Act - access to documents - adequacy of search - Freedom of Information Act - access to documents - legal professional privilege MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Abigroup Ltd v Akins (1997) 42 NSWLR 623 Attorney General (NT) v Maurice (1986) 161 CLR 475 Australian Competition & Consumer Commission v FFE Building Services Ltd [2003] FCA 1181 Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 Australian Rugby Union Ltd v Hospitality Group Pty Ltd and Ors [1999] FCA 1061 Baker v Campbell (1983) 153 CLR 52 Beesley v Commissioner of Police [2000] NSW ADT 52Cianfrano v Premier's Department [2004] NSWADT 225 Complete Technology Pty Ltd v Toshiba (Australia) Pty Ltd (1994) 53 FCR 125 Daniels Corp International Pty Limited v Australia Competition & Consumer Commissioner (2002) 213 CLR 543 DQ v Commissioner of Police, New South Wales Police Service [2002] NSW ADT 215 CASES CITED: Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49 Fagan v State of New South Wales [2004] NSWCA 182 Goldberg v Ng (1995) 185 CLR 83 Mann v Carnell (1999) 201 CLR 1 Murre (No. 2) v Commissioner of Police, New South Wales Police Service [2001] NSW ADT 175 O'Reilly v Commissioner of State Bank of Victoria (1982) 153 CLR 1 Shepherd and Department of Housing, Local Government and Planning [1994] 1 QAR 464 State Bank of South Australia v Smoothdale (No 2) Ltd (1995) 64 SASR 224 Trade Practices Commission v Sterling (1979) 36 FLR 244 Waterford v Commonwealth (1987) 163 CLR 54 Woollahra Municipal Council v Westpac Banking Corp (1994) 33 NSWLR 529 APPLICANT REPRESENTATION: In person RESPONDENT G Furness, barrister ORDERS: Tribunal orders; a) the decision of the Council to refuse the applicant access to the documents referred to in paragraph 52 of this decision is affirmed; b) the decision of the Council to refuse the applicant access to the documents referred to in paragraph 53 of this decision is set aside and in substitution thereof a decision that the applicant be granted access to these documents; c) in respect of those documents referred to in (a) above which are exempt in part, Council to provide the applicant with a copy of those documents with the exempt material deleted within 28 days of this decision and; d) Council to provide the applicant with a copy of the documents referred to in (b) within 28 days of this decision.