NSW Caselaw
CITATION: Waite v Hornsby Shire Council [2010] NSWADT 47
DIVISION: General Division
APPLICANT Peter Andrew Waite PARTIES: RESPONDENT Hornsby Shire Council
FILE NUMBER: 093061
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 3 September 2009
DATE OF DECISION: 15 February 2010
BEFORE: Higgins S - Judicial Member
CATCHWORDS: Access to documents – 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 General Manager, WorkCover Authority of NSW v Law Society of NSW [2006] NSWCA 84 CASES CITED: Howell v Macquarie University [2008] NSWCA 26 Mann v Carnell (1999) 201 CLR 1McGuirk v University of New South Wales; University of New South Wales v McGuirk [2009] NSWCA 321 University of New South Wales v McGuirk [2006] NSWSC 132 Osland v Secretary to the Department of Justice [2008] HCA 37 Trade Practices Commission v Sterling (1979) 36 FLR 244
APPLICANT B S Woolf, solicitor REPRESENTATION: RESPONDENT C T Drury, solicitor
1The decision of the Council is affirmed in all respects except in relation to the following deletions: (a)GM Report 3/04 - the deletion above the heading 'Conclusion' on page 3 and the deletions on the bottom of page 4, ORDERS: (b)GM Report 7/00 - the first sentence of the deletion under the heading 'Discussion' on pages 1 to 2, and (c)GM Report 2/02 - the first sentence of the deletion at the bottom of page 1 2The decision of the Council in regard to the following deletions is set aside and remitted for reconsideration in accordance with these reasons for decision: (a)GM Report 3/04 - the deletion above the heading 'Conclusion' on page 3 and the deletions on the bottom of page 4, 1.GM Report 7/00 - the first sentence of the deletion under the heading 'Discussion' on pages 1 to 2, and 2.GM Report 2/02 - the first sentence of the deletion at the bottom of page 1.
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