Curtin v Lord Howe Island Board [2017] NSWCATAD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Curtin v Lord Howe Island Board [2017] NSWCATAD 86 Hearing dates: 4 November 2016 Date of orders: 27 March 2017 Decision date: 27 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision under review is affirmed in regard to the personal information contained in the document identified as document 46. 2. The matter is remitted for redetermination in regard to the personal information contained in the cover page of the document identified as document 28. The redetermination is to be completed by 28 April 2017. 3. The decision under review is otherwise set aside. In its place the decision is made that the information that has been withheld is released. 4. The matter is listed for further case conference on 30 May 2017 at 10.30 am. Catchwords: Government information – Client legal privilege – Lack of evidence to support claims of privilege - Whether claims of privilege successful – Personal information – Balance of public interest considerations in favour of release. Legislation Cited: Government Information (Public Access) Act 2009 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Cases Cited: AIN v Medical Council of New South Wales [2015] NSWCATAP 241 Archer Capital 4A Pty Ltd as trustee for the Archer Capital Trust 4A v Sage Group PLC (No 2) [2013] FCA 1098 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 CCB v Department of Education and Communities [2015] NSWCATAD 145 Meriton Property Services Pty Limited & Ors v UrbanGrowth NSW [2017] NSWCATAD 71 Salmon v Corrective Services NSW [2016] NSWCATAD 257 Thompson & Ardill v The Lord Howe Island Board [2003] NSWADT 193 Category: Principal judgment Parties: Peter Curtin (Applicant) Lord Howe Island Board (Respondent) Representation: P Curtin (Applicant in person)