Diamond v Gosford City Council [2010] NSWADT 134

CITATION: Diamond v Gosford City Council [2010] NSWADT 134

DIVISION: General Division

APPLICANT Neville Diamond PARTIES: RESPONDENT Gosford City Council

FILE NUMBER: 073203

HEARING DATES: 9 December 2009

SUBMISSIONS CLOSED: 29 January 2010

DATE OF DECISION: 2 June 2010

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Legal professional privilege exemption

LEGISLATION CITED : Freedom of Information Act 1989

Grant v Downs 135 CLR 674 CASES CITED: University of NSW v McGuirk [2006] NSWSC 1362 McGuirk v University of NSW [2009] NSWCA 321.

APPLICANT In person REPRESENTATION: RESPONDENT M Everingham, solicitor

ORDERS: The decision under review is affirmed.

REASONS FOR DECISION

1 The applicant commenced these proceedings in the Tribunal pursuant to the provisions of the Freedom of Information Act 1989 seeking access to certain documents held by the respondent following an unsuccessful internal review application under the legislation in relation to those documents.

2 The documents in question are subject to a claim by the respondent that they are exempt as they all fall within the legal professional privilege exemption. These documents are contained in exhibit RR1. At hearing the applicant narrowed his claim before this Tribunal to documents which reveal any instructions given by a Mr. Ford, a Council legal officer, to the respondent's legal advisors concerning litigation and disputes involving the respondent and particular third parties. These disputes have not finally resolved, although a temporary "resolution" is in place at present. Generally this litigation concerned the location of certain boreholes, access to water rights and extraction of ground water. Whilst this has assisted the Tribunal greatly, it still has not removed the requirement to peruse all the documents the subject of the exemption claim. However, the Tribunal ought to give particular attention to documents falling within this narrowed claim so as to ensure that the applicant's particular concerns are adequately addressed.