Public Transport Ticketing Corporation v Integrated Transit Solutions Ltd [2011] NSWSC 1558

Supreme Court New South Wales

Medium Neutral Citation: Public Transport Ticketing Corporation v Integrated Transit Solutions Ltd [2011] NSWSC 1558 Hearing dates: 25 November 2011 Decision date: 13 December 2011 Jurisdiction: Equity Division - Commercial List Before: Rein J Decision: The report by LEK Consulting Pty Ltd dated 22 August 2005 behind tab L2 of Confidential Exhibit A1 be produced to the defendants. Catchwords: PRACTICE AND PROCEDURE - discovery - whether some of the documents sought by the defendants and discovered by the plaintiff are the subject of public interest immunity claimed by the State of NSW - whether a report of an independent external consultant prepared for the purpose of informing the preparation of a Cabinet minute on the topic of fare reform, but which did not in fact go to the Cabinet, is the subject of public interest immunity having regard to the issues in the proceedings between the plaintiff and the defendants - weighing of competing considerations Cases Cited: Air Canada v Secretary of State for Trade (No 2) [1983] 2 AC 394 Commonwealth v Northern Land Council (1993) 176 CLR 604 Murrumbidgee Groundwater Preservation Association v Minister for Natural Resources [2003] NSWLEC 322 Public Transport Ticketing Corp v Integrated Transit Solutions Ltd [2010] NSWSC 607 Public Transport Ticketing Corp v Integrated Transit Solutions Ltd [2011] NSWCA 60 Public Transport Ticketing Corp v Integrated Transit Solutions Ltd [2011] NSWCA 200 Category: Interlocutory applications Parties: Public Transport Ticketing Corporation (plaintiff) Integrated Transit Solutions Ltd (first defendant) ERG Ltd (second defendant) Representation: R Lancaster SC; R Bhalla (State of NSW) M J Leeming SC; T W Marskell (special counsel for the defendants appointed by the Attorney-General pursuant to orders of the Court of Appeal) Crown solicitor (State of NSW) File Number(s): SC 2008/290313