NSW Caselaw
CITATION: Waite v Hornsby Shire Council [2010] NSWADT 280
DIVISION: General Division
APPLICANT Peter Andrew Waite PARTIES: RESPONDENT Hornsby Shire Council
FILE NUMBER: 103024
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 17 June 2010
DATE OF DECISION: 25 November 2010
BEFORE: Higgins S - Deputy President
CATCHWORDS: Access to Documents - confidential material - legal professional privilege
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Local Government Act 1993
Daniels Corporation International Pty Ltd and Anor v Australian Competition and Consumer Commission (2002) 213 CLR 543; [2002] HCA 49 Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49 Howell v Macquarie University [2008] NSWCA 26 CASES CITED: Mann v Carnell (1999) 201 CLR 1 Osland v Secretary to the Department of Justice [2008] HCA 37 Trade Practices Commission v Sterling (1979) 36 FLR 244 Workcover Authority (NSW)(General Manager) v Law Society of New South Wales (2006) 65 NSWLR 502
APPLICANT B Woolf, solicitor REPRESENTATION: RESPONDENT I Woodward, solicitor
ORDERS: The decision of the Council is varied to a decision that Mr Waite be provided, in accordance with the findings in these reasons for decision, with a copy of the audio recording of the confidential discussions about `Outstanding Sullage Issues` with the exempt matter deleted.
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