Ku-ring-gai Council v Mr Garry West in his capacity as delegate of the Acting Director-General of the Office of Local Government & Ors [2016] NSWLEC 62

Land and Environment Court New South Wales

Medium Neutral Citation: Ku-ring-gai Council v Mr Garry West in his capacity as delegate of the Acting Director-General of the Office of Local Government & Ors [2016] NSWLEC 62 Hearing dates: 27 May 2016 Date of orders: 30 May 2016 Decision date: 30 May 2016 Jurisdiction: Class 4 Before: Moore J Decision: Orders at [81] Catchwords: PRACTICE AND PROCEDURE – notice for production of documents – public interest immunity – whether documents sought are subject to public interest immunity – documents submitted to Cabinet – interests of justice in their availability – examination of reasons advanced by the Plaintiff – reasons of limited or no validity – public interest protection not outweighed by interests of justice – access denied Legislation Cited: Evidence Act 2005 (NSW) Land and Environment Court Act 1979 Local Government (City of Parramatta and Cumberland) Proclamation 2016 Local Government (Council Amalgamations) Proclamation 2016 Cases Cited: Ku-ring-gai Council v Garry West as Acting Director-General of the Office of Local Government [2016] NSWSC 442 Murrumbidgee Ground-Water Preservation Association v Minister for Natural Resources [2003] NSWLEC 322 Sankey v Whitlam [1978] HCA 43; 142 CLR 1 Walcha Council v Minister for Local Government [2016] NSWLEC 60 Woollahra Municipal Council v Minister for Local Government [2016] NSWLEC 44 Category: Procedural and other rulings Parties: Ku-ring-gai Council (Plaintiff) Mr Garry West in his capacity as delegate of the Acting Director-General of the Office of Local Government (First Defendant) NSW Department of Premier & Cabinet (Second Defendant) Minister for Local Government (Third Defendant) NSW Local Government Boundaries Commission (Fourth Defendant) Representation: Counsel: Mr G Kennett SC/Ms V McWilliam, barrister (Plaintiff)(Defendant on the Motion) Dr J Lucy, barrister (Second and Third Defendants)(Applicants on the Motion)