Transport for NSW & Ors v Robinson [2018] NSWCATAP 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Transport for NSW & Ors v Robinson [2018] NSWCATAP 123 Hearing dates: 12 April 2018 Date of orders: 24 May 2018 Decision date: 24 May 2018 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member S Higgins, Senior Member Decision: 1. Direct the parties to confer within 7 days and either file consent orders or within a further seven days file and serve competing orders with no more than three pages of supporting submissions. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – APPEAL PANEL – GOVERNMENT INFORMATION – Cabinet information – Relevant test – Whether reasonable grounds for claim – Legal professional privilege – Whether privileged documents have lost privilege by waiver Legislation Cited: Coastal Management Act 2017 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Interpretation Act 1987 (NSW) Transport Administration Act 1988 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Commonwealth v Northern Land Council (1993) 176 CLR 604 Mann v Carnell (1999) 201 CLR 1 Rail Corporation of New South Wales v Brown [2012] NSWCA 296 Category: Principal judgment Parties: Transport for NSW (First Appellant) Roads and Maritime Services (Second Appellant) Premier of NSW (Third Respondent) Peter Robinson (Respondent) Representation: Counsel: N Sharp SC and K Pham (Appellants/Respondents in Cross-Appeal) M Robinson SC (Respondent/Appellants in Cross Appeal)