Saggers v Environment Protection Authority [2014] NSWCATAD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saggers v Environment Protection Authority [2014] NSWCATAD 37 Hearing dates: 23 July 2013 Decision date: 28 March 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision of the Respondent to refuse to provide, the Applicant access to the disputed documents is affirmed. 2. If not otherwise agreed between the parties, the Applicant it to pay the amount of $500 towards the costs that the Respondent incurred in relation to the hearing of this application. That amount is payable 28 days after the date of these reasons. Catchwords: access to government information - conclusive presumption - overriding public interest against disclosure - legal professional privilege - costs Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Evidence Act 1995 Cases Cited: AT v NSW Police [2010] NSWCA 131 Attorney General v Wentworth (1988) 14 NSWLR 481 AWB Limited v Cole [2006] FCA 571; (2006) 152 FCR 382 AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 5) [2006] FCA 1234 AWB v Cole [2006] FCA 1234 Battin v University of New England [2013] NSWADT 73. Candacal Pty Ltd v Industry Research and Development Board [2005] FCA 649 Chamley v Sydney Children's Hospital Network [2013] NSWADT 197 Colefax v Department of Education and Communities [2013] NSWADT 75 Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 Commonwealth of Australia v Vance [2005] 157 ACTR 47 at 53 [24]. Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409. Esso Australia Resources Ltd v Commissioner of Taxation [1999] HCA 67; (1999) 201 CLR 49 Fitzpatrick v NSW Office of Liquor and Gaming [2010] NSWADT 72 General Manager, WorkCover Authority of NSW v Law Society of NSW [2006] NSWCA 84 Grant v Downs [1976] HCA 63; (1976) 135 CLR 674 at 689. Industrial Equity Ltd v Deputy Commissioner of Taxation [1990] HCA 46; (1990) 170 CLR 649 National Crime Authority v S (1991) 29 FCR 203 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Priest v State of New South Wales [2006] NSWSC 1281 from paragraph [21]. R v Shirose (1999) 133 CCC(3d) 257 Re Southland Coal Pty Limited [2006] NSWSC 899 Saggers v Environment Protection Authority [2013] NSWADT 109 Telstra Corporation Ltd v Minister for Communications, Information Technology and the Arts (No 2) [2007] FCA 1445 Tziolas v NSW Department of Education and Communities [2012] NSWADT 69 Valastar Pty Ltd v Chief Commissioner of State Revenue [2010] NSWADTAP 84 Waterford v Commonwealth of Australia [1987] HCA 25; (1987) 163 CLR 54 Category: Principal judgment Parties: Colin Saggers (Applicant), Environment Protection Authority (Respondent) Representation: Colin Saggers (Applicant in person) E Bateman, solicitor, Office of Environment and Heritage (Respondent) File Number(s): 133036