Grand Rozelle Pty Ltd v Transport for NSW (No 3) [2024] NSWLEC 129

Grand Rozelle Pty Ltd v Transport for NSW (No 3) [2024] NSWLEC 129

The Court upheld the respondent's public interest immunity claims over specified Cabinet-related documents and information, finding they were prepared for Cabinet or recorded submissions to Cabinet, thus attracting a pre-eminent claim to confidentiality. Disclosure was found likely to prejudice the proper functioning of government and the documents were not shown to be crucial to the proper determination of the proceedings; no exceptional circumstances were demonstrated to warrant their production.

Parties
Applicant, Respondent on the Motion: Grand Rozelle Pty Ltd; Respondent, Applicant on the Motion: Transport for NSW
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Class 3 Land and Environment Court Compulsory Acquisition Compensation Proceedings / Procedural Ruling on Public Interest Immunity Claim (pre Trial, Before Full Hearing)
Outcome
Notice of motion for public interest immunity upheld in part; confidentiality arrangement to be determined for specific document; return of confidential affidavit ordered.
Legal Topics
Public Interest Immunity, Cabinet Documents Privilege, Discovery and Confidentiality, Compulsory Acquisition Compensation
Evidence Administrative Law Compulsory Acquisition Civil Procedure Public Interest Immunity Cabinet Documents Privilege Discovery and Confidentiality Compulsory Acquisition Compensation

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Parties

Grand Rozelle Pty Ltd

Applicant, Respondent on the Motion

Transport for NSW

Respondent, Applicant on the Motion

Procedural Posture

Class 3 Land and Environment Court Compulsory Acquisition Compensation Proceedings / Procedural Ruling on Public Interest Immunity Claim (pre Trial, Before Full Hearing)

Legal Issues

  1. 1 Whether certain Cabinet documents and related materials are protected from production under public interest immunity (PII) pursuant to ss 130 and 131A Evidence Act 1995 (NSW) in a compulsory acquisition compensation claim.
  2. 2 Whether s 70 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) permits enquiry into costs/damages from precedent steps to acquisition or only from the acquisition date.

Ratio Decidendi

The Court upheld the respondent's public interest immunity claims over specified Cabinet-related documents and information, finding they were prepared for Cabinet or recorded submissions to Cabinet, thus attracting a pre-eminent claim to confidentiality. Disclosure was found likely to prejudice the proper functioning of government and the documents were not shown to be crucial to the proper determination of the proceedings; no exceptional circumstances were demonstrated to warrant their production.

Court Disposition

Notice of motion for public interest immunity upheld in part; confidentiality arrangement to be determined for specific document; return of confidential affidavit ordered.

Orders

  • Transport for NSW's notice of motion filed 11 September 2024 claiming public interest immunity in relation to the draft ministerial speaking notes (pp 5-9 of confidential exhibit CCD-5), Cabinet submission (pp 10-19 of confidential exhibit CCD-5), Briefing document for the Premier of New South Wales regarding key...
  • The parties to seek to agree on an appropriate form of confidentiality order in relation to the document titled "CE17/1027 (Attachment B Memo)" (pp 48-52 of confidential exhibit CCD-5), and advise chambers within 7 days of these orders the form of confidentiality order they seek to have the Court make.