Walcha Council v Minister for Local Government [2016] NSWLEC 60

Land and Environment Court New South Wales

Medium Neutral Citation: Walcha Council v Minister for Local Government [2016] NSWLEC 60 Hearing dates: 24 May 2016 Date of orders: 24 May 2016 Decision date: 24 May 2016 Jurisdiction: Class 4 Before: Preston CJ Decision: Uphold the claim for public interest immunity in respect of the two documents, the long form document and the business case document Catchwords: PRACTICE AND PROCEDURE – notices for production of documents – public interest immunity – whether documents subject to – documents submitted to Cabinet – whether documents of a lower order of public interest – whether public interest immunity impairs implied freedom of political communication Legislation Cited: Evidence Act 1995 ss 130, 131A Local Government Act 1993 s 218E Category: Procedural and other rulings Parties: Walcha Council (First Applicant) Oberon Council (Second Applicant) Cabonne Council (Third Applicant) Mr David Graham and Mr Albert McAlister (Fourth Applicant) Minister for Local Government (First Respondent) Chief Executive of the Office of Local Government (Second Respondent) Ms Amanda Chadwick and Mr Greg Wright; Ms Renata Brooke; Mr Richard Pearson; Mr John Turner (Third Respondent) State of New South Wales (Fourth Respondent) The Administrator, Gundagai Council (Fifth Respondent) Representation: Counsel: Mr P E King with Ms F A Sinclair (Barristers) (Applicants) Mr N J Williams SC with Mr J J Hutton, Dr J Lucy, Mr T E O'Brien and Ms B E M Anniwell (Respondents)