NuCoal Resources Ltd v Department of Premier and Cabinet [2017] NSWCATAD 245

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NuCoal Resources Ltd v Department of Premier and Cabinet [2017] NSWCATAD 245 Hearing dates: On the papers Date of orders: 10 August 2017 Decision date: 10 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: GOVERNMENT INFORMATION - conclusive presumption of overriding public interest against disclosure – information that would be privileged from production on the ground of client legal privilege – in-house lawyers - secondary material also privileged if that material discloses the privileged communication Legislation Cited: Government Information (Public Access) Act 2009 Evidence Act 1995 Cases Cited: Saggers v Environment Protection Authority [2014] NSWCATAD 37 Larsson v Office of Environment and Heritage [2014] NSWCATD 136 Singh v Legal Aid Commission (No 2) [2015] NSWCATAD 5 Tebbutt v Minister for Lands and Water [2015] NSWCATAD 95 Gauci v Commission for Fair Trading NSW [2015] NSWCATAD 218 Seven Network Ltd v News Ltd [2005] FCA 142 Fenwick v Wambo Coal Pty Ltd (No. 2) [2011] NSWSC 353 Category: Principal judgment Parties: NuCoal Resources Ltd (Applicant) Department of Premier and Cabinet (Respondent) Representation: M Etcell (Agent for the Applicant) NSW Crown Solicitor's Office (Respondent) File Number(s): 2017/00110941