CHU Underwriting Pty Ltd v Hunter Water Corporation [2018] NSWCATAD 273

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CHU Underwriting Pty Ltd v Hunter Water Corporation [2018] NSWCATAD 273 Hearing dates: On the papers Date of orders: 28 November 2018 Decision date: 28 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent is set aside in part. (2) The Investigation Report as identified at [42] of these reasons is to be released to the applicant 28 days after publication of these reasons. (3) The three emails and their attachments as identified at [49] of these reasons is to be released to the applicant 28 days after publication of these reasons. (4) The Major Investigation Report identified at [50] of these reasons is to be released to the applicant 28 days after publication of these reasons. (5) The email authored and sent by J Wynn identified at [51] of these reasons is to be released to the applicant 28 days after publication of these reasons. (6) The decision is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act -– GIPA - legal professional privilege –– sufficiency of evidence to establish factors against disclosure - 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 Cases Cited: Battin v University of New England [2013] NSWADT 73 Ensham Resources Pty Limited v AIOI Insurance Company Limited [2012] FCA 710 Hutchinson v Walcha Shire Council [2015] NSWCATAD 132 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Seven Network Limited v News Limited [2005] FCA 142 Texts Cited: Nil Category: Principal judgment Parties: CHU Underwriting Pty Ltd (Applicant) Hunter Water Corporation (Respondent) Representation: Solicitors: Vardanega Roberts Solicitors (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2018/00191242 Publication restriction: Nil