McGuirk v University of NSW [2010] NSWADT 158

McGuirk v University of NSW [2010] NSWADT 158

The correct and preferable decision was to grant Mr McGuirk access only to material not found to be exempt. The Tribunal was satisfied that, except for document 25, the material for which clause 10 was asserted was protected by legal professional privilege to the extent claimed because it concerned legal advice requested or received or the conduct of pending or anticipated litigation, and there was no waiver or evidence of the illegal purpose exception. Parts of some documents could be released with exempt matter excised. Documents 11 and 12 were exempt under clause 7 because disclosure of counsel's charge-out rate information could reasonably be expected to have an unreasonable adverse...

Jurisdiction
Australia
Judgment Date
24 June 2010
Procedural Posture
Administrative Review of a Deemed Refusal of Access Under the Freedom of Information Act 1989 / On the Papers; Review of the University's Deemed Determination Refusing Access to Requested Documents
Outcome
Access granted to non-exempt material; refusal otherwise affirmed.
Legal Topics
['exempt Documents' 'legal Professional Privilege' 'documents Affecting Business Affairs' 'access to Documents' 'merits Review']
['administrative Law' 'freedom of Information'] ['exempt Documents' 'legal Professional Privilege' 'documents Affecting Business Affairs' 'access to Documents' 'merits Review']

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Procedural Posture

Administrative Review of a Deemed Refusal of Access Under the Freedom of Information Act 1989 / On the Papers; Review of the University's Deemed Determination Refusing Access to Requested Documents

Legal Issues

  1. 1 ["Whether the University's deemed decision to refuse access to the requested documents was the correct and preferable decision." 'Whether documents or parts of documents were exempt under clause 10 of Schedule 1 to the Freedom of Information Act 1989 on the ground of legal professional privilege.' 'Whether documents 11 and 12 were exempt under clause 7 of Schedule 1 to the Freedom of Information Act 1989 as documents affecting business affairs.' 'Whether any exempt material should nevertheless be released.']

Ratio Decidendi

The correct and preferable decision was to grant Mr McGuirk access only to material not found to be exempt. The Tribunal was satisfied that, except for document 25, the material for which clause 10 was asserted was protected by legal professional privilege to the extent claimed because it concerned legal advice requested or received or the conduct of pending or anticipated litigation, and there was no waiver or evidence of the illegal purpose exception. Parts of some documents could be released with exempt matter excised. Documents 11 and 12 were exempt under clause 7 because disclosure of counsel's charge-out rate information could reasonably be expected to have an unreasonable adverse...

Court Disposition

Access granted to non-exempt material; refusal otherwise affirmed.

Orders

  • ['Mr McGuirk is to be granted access to so much of the material in question as has not been found to be exempt.' 'The decision to refuse him access to the material is otherwise affirmed.']