State of New South Wales v Public Transport Ticketing Corporation (No 3) [2011] NSWCA 200

State of New South Wales v Public Transport Ticketing Corporation (No 3) [2011] NSWCA 200

Given the centrality and relevance of the documents and the number and complexity of remaining documents subject to public interest immunity claims, together with the lack of prejudice to the public interest, appointment of a special counsel is warranted to assist the Court efficiently and fairly resolve the outstanding issues. Disclosure of designated document excerpts is ordered.

Parties
Appellant/first Cross Respondent: State of New South Wales; First Respondent/second Cross Respondent: Public Transport Ticketing Corporation ACN 57 443 320 873; Second Respondent/first Cross Claimant: Integrated Transit Solutions Limited ACN 19 085 661 865; Third Respondent/second Cross Claimant: ERG Limited ABN 23 009 112 725
Jurisdiction
Australia
Judgment Date
22 July 2011
Procedural Posture
Appeal / Interlocutory Decision
Outcome
Orders made for partial disclosure and appointment of a special counsel to assist with further public interest immunity claims; costs of special counsel to be paid in the first instance by ERG (Second and Third Respondents); additional procedural directions given regarding the appointment and role of the special...
Legal Topics
Discovery, Public Interest Immunity, Disclosure of Documents, Inherent Jurisdiction, Appointment of Special Counsel
Civil Procedure Administrative Law Discovery Public Interest Immunity Disclosure of Documents Inherent Jurisdiction Appointment of Special Counsel

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Parties

State of New South Wales

Appellant/first Cross Respondent

Public Transport Ticketing Corporation ACN 57 443 320 873

First Respondent/second Cross Respondent

Integrated Transit Solutions Limited ACN 19 085 661 865

Second Respondent/first Cross Claimant

ERG Limited ABN 23 009 112 725

Third Respondent/second Cross Claimant

Procedural Posture

Appeal / Interlocutory Decision

Legal Issues

  1. 1 Whether the Court should order disclosure of certain documents subject to public interest immunity claims after pleadings were amended
  2. 2 Whether the appointment of a special counsel is appropriate to assist the Court in resolving claims of public interest immunity

Ratio Decidendi

Given the centrality and relevance of the documents and the number and complexity of remaining documents subject to public interest immunity claims, together with the lack of prejudice to the public interest, appointment of a special counsel is warranted to assist the Court efficiently and fairly resolve the outstanding issues. Disclosure of designated document excerpts is ordered.

Court Disposition

Orders made for partial disclosure and appointment of a special counsel to assist with further public interest immunity claims; costs of special counsel to be paid in the first instance by ERG (Second and Third Respondents); additional procedural directions given regarding the appointment and role of the special...

Orders

  • The following documents to be disclosed: (a) Paras 4.1, 4.2, 4.3, 4.6, 4.8 in document D1; (b) Paras 5.1-5.3 and headings in Item 5 of documents D2-D4; (c) Paras 3.1-3.7 of Item 3 in documents D5-D6.
  • The Registrar of the Court of Appeal will request the Attorney-General to nominate counsel as special counsel in the proceedings to resolve the issue of public interest immunity expeditiously.