Grubisic v General Manager, Burwood Council [2004] NSWADT 261

Grubisic v General Manager, Burwood Council [2004] NSWADT 261

Council conducted an adequate search within the terms of the applicant's FOI request for documents relating to 53A and 53B Webb Street, Croydon, and was not required to search files outside that request. The withheld documents came into existence for the dominant, if not sole, purpose of obtaining or giving legal advice and were exempt on the ground of legal professional privilege. However, it was practicable to provide the tax invoice dated 5 November 2003 with the exempt description of professional fees deleted. The circumstances did not amount to special circumstances warranting an order for costs.

Jurisdiction
Australia
Judgment Date
12 November 2004
Procedural Posture
Application for Review of a Freedom of Information Decision Refusing Access to Documents / Principal Matter
Outcome
Decision affirmed except in respect of the tax invoice dated 5 November 2003, for which the decision was set aside and substituted with a decision granting access to a redacted copy; no order as to costs.
Legal Topics
['access to Documents' 'adequacy of Search' 'legal Professional Privilege' 'exempt Documents' 'costs']
['administrative Law' 'freedom of Information'] ['access to Documents' 'adequacy of Search' 'legal Professional Privilege' 'exempt Documents' 'costs']

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Procedural Posture

Application for Review of a Freedom of Information Decision Refusing Access to Documents / Principal Matter

Legal Issues

  1. 1 ["Whether there had been an adequate search for documents coming within the terms of the applicant's FOI request." 'Whether the documents for which access was refused were exempt on the grounds of legal professional privilege.' 'Whether it was practicable to provide access to a copy of any document with exempt matter deleted.' 'Whether special circumstances warranted an order for costs.']

Ratio Decidendi

Council conducted an adequate search within the terms of the applicant's FOI request for documents relating to 53A and 53B Webb Street, Croydon, and was not required to search files outside that request. The withheld documents came into existence for the dominant, if not sole, purpose of obtaining or giving legal advice and were exempt on the ground of legal professional privilege. However, it was practicable to provide the tax invoice dated 5 November 2003 with the exempt description of professional fees deleted. The circumstances did not amount to special circumstances warranting an order for costs.

Court Disposition

Decision affirmed except in respect of the tax invoice dated 5 November 2003, for which the decision was set aside and substituted with a decision granting access to a redacted copy; no order as to costs.

Orders

  • ['With the exception of the tax invoice dated 5 November 2003, the decision of the Respondent is affirmed.' 'The decision of the Respondent in respect of the tax invoice dated 5 November 2003 is set aside and in substitution thereof a decision that the Applicant be provided with a copy of the tax invoice with the...