Lipscombe v Blue Mountains City Council [2018] NSWCATAD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lipscombe v Blue Mountains City Council [2018] NSWCATAD 182 Hearing dates: 24 May 2018 Date of orders: 10 August 2018 Decision date: 10 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent is set aside in respect of page 5 of document MM3 (2) The decision of the respondent is set aside in respect of page 5 of document MM4. (3) The decision is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act -– legal professional privilege – whether privilege waived – sufficiency of evidence to establish weight to apply significantly to factors against disclosure. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Government Information (Public Access) Act 2009 Local Government Act 1993 Cases Cited: CGU Workers Compensation (NSW) Ltd v Department of Planning and Environment [2018] NSWCATAD 169 Hutchinson v Walcha Shire Council [2015] NSWCATAD 132 Law v Wollondilly Shire Council [2013] NSWADT 203 Mannix v Department of Education and Communities [2014] NSWCATAD 35 New South Wales v Jackson [2007] NSWCA 279 Texts Cited: Nil Category: Principal judgment Parties: Mark Lipscombe (Applicant) Blue Mountains City Council (Respondent) Representation: Solicitors: Self represented (Applicant) McPhee Kelshaw (Respondent) File Number(s): 2018/00052404 Publication restriction: Nil