Gold and Copper Resource Pty Limited v NSW Trade and Investment [2016] NSWCATAD 267

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gold and Copper Resource Pty Limited v NSW Trade and Investment [2016] NSWCATAD 267 Hearing dates: 11 February 2016, 1 April 2016, 13 May 2016. Date of orders: 22 November 2016 Decision date: 22 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent is affirmed (except as referred to in order (2)). (2) In addition to any material already released to the applicant by the respondent, following confidential session, the respondent is to release attachment 5 to Document 94. Catchwords: GIPA Act – Government Information – Access –Confidential information – Legal Professional privilege- Whether privilege waived by disclosure of advice -Cabinet material – Privilege of Parliament. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Imperial Acts Application Act 1969 (NSW) Cases Cited: Mannix v Department of Education and Communities [2014] NSWCATAD 35 AIN v Medical Council of New South Wales [2015] NSWCATAP 241 Fenwick v Wambo Coal Pty Ltd (No. 2) [2011] NSWSC 353 RinRim Pty Ltd v Deutsche Bank Australia Limited & Ors [2013] NSWSC 1654 Mann v Carnell [1999] HCA 66 Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd and Ors [1996] NSWSC 148 Lonsdale v University of Sydney [2016] NSWCATAD 176 SL v University of Sydney [2011] NSWADT 65 Flack v Commissioner of Police (NSW) 2011 NSWADT 286 Della Bosca v Arena [1999] NSWSC 1057 Egan v Willis [1998] HCA 71 Category: Principal judgment Parties: Gold and Copper Resources Pty Limited (Applicant) New South Wales Trade and Investment (Respondent) Representation: Counsel: A Knox (Applicant) J Davison (Respondent)