Charles Gauci v Commission for Fair Trading NSW [2015] NSWCATAD 218

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Charles Gauci v Commission for Fair Trading NSW [2015] NSWCATAD 218 Hearing dates: 21 August 2015 Decision date: 21 October 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) The decision of the Respondent is affirmed Catchwords: GOVERNMENT Information – Legal professional privilege – Legal advice – intention to obtain legal advice – conclusive presumption of overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Tebbutt v Minister for Lands and Water [2015] MSWCATAD 95 Category: Principal judgment Parties: Charles Gauci (Applicant) Commission for Fair Trading NSW (Respondent) Representation: Solicitors: S Robosa (Respondent) File Number(s): 1410650

REASONS FOR decision 1. Mr Charles Gauci is the applicant in these proceedings. In late 2013 the applicant (and another person) sought copies of documents relating to their recreational trailers (known in the industry as Fifth Wheeler Trailer / Caravans or 'Fifth Wheelers') from the respondent Agency. The respondent relied on a number of provisions to withhold release of some of the information, however during the course of these proceedings the respondent reviewed its position and released significant portions of the remaining 'withheld' documents. However for the reasons given below, the Tribunal finds that the legislation provides for the respondent to refuse to release the remaining material to the applicant in this instance.