Grubisic v General Manager, Burwood Council [2004] NSWADT 261

CITATION: Grubisic v General Manager, Burwood Council [2004] NSWADT 261 DIVISION: General Division APPLICANT PARTIES: Anna Grubisic RESPONDENT General Manager, Burwood Council FILE NUMBER: 043006 HEARING DATES: 18/08/2004 SUBMISSIONS CLOSED: 09/08/2004 DATE OF DECISION: 11/12/2004

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 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Evidence Act 1995 Attorney General (NT) v Maurice (1986) 161 CLR 475 Brooks Meyer v Cheung [2001] NSWADT 18 Daniels Corp International Pty Limited v Australia Competition & Consumer Commissioner (2002) 213 CLR 543 Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49 CASES CITED: Goldberg v Ng (1995) 185 CLR 83 Grant v Downs (1976) 135 CLR 674 Hynes v General Manager, Hawkesbury City Council [2004] NSWADT 135 Law Society of New South Wales v General Manager, Workcover Authority of New South Wales (GD) [2004] NSWADT 40 Mann v Carnell (1999) 201 CLR 1 APPLICANT REPRESENTATION: R Cianfrano, as agent RESPONDENT J Worthy, solicitor ORDERS: 1.With the exception of the tax invoice dated 5 November 2003, the decision of the Respondent is affirmed; 2.The decision of the Respondent in respect of the tax invoice dated 5 November 2003 is set aside and in substitution thereof a decision that the applicant be provided with a copy of the tax invoice with the exempt material, as set out in this decision, being deleted; 3.No orders as to costs.