Public Transport Ticketing Corporation v Integrated Transit Solutions & Anor [2010] NSWSC 607

New South Wales Supreme Court

CITATION : Public Transport Ticketing Corporation v Integrated Transit Solutions & Anor [2010] NSWSC 607 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 3/06/10, 4/06/10

JUDGMENT DATE : 8 June 2010

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : State of New South Wales entitled to withhold only documents described in terms as 'Cabinet-In-Confidence'. All other documents to be made available to defendants.

CATCHWORDS : Practice and procedure - Major litigation concerning Public Transport Ticketing contract with Integrated Transit Solutions - Dispute arising from plaintiff's decision to terminate contract for the design, build and installation of an integrated Smartcard-based Ticketing and Fare payment system for public transport in the greater Sydney area - Claim by the State of New South Wales for an order excusing plaintiff from making available particular documents for inspection by defendants on basis that they relate to matters of State - Claim by defendants that plaintiff and State have taken a selective approach to the documents over which a claim has been asserted and that documents recording communications between plaintiff and New South Wales Government have been made available where it suits the purposes of the plaintiff to have them available in the proceedings and have been withheld where those purposes are not served - Material legal principles - Onus rests upon State to establish that material documents relate to 'matters of State' and that the balancing test favours non-production of material documents

Evidence Act 1995 LEGISLATION CITED : Transport Administration Amendment (Public Transport Ticketing Corporation) Act 2006 Transport Administration Act 1988 (NSW) Uniform Civil Procedure Rules 2005