Grocon Group Holdings Pty Limited v Infrastructure NSW (No 4) [2023] NSWSC 1545

Grocon Group Holdings Pty Limited v Infrastructure NSW (No 4) [2023] NSWSC 1545

The Category 4 documents fell within protected classes of Cabinet documents or documents concerning Cabinet processes. Although the public interest in confidentiality was less strong than in some cases because of the age and commercial character of the matters and the public inquiry, Grocon did not identify with precision how the documents would assist its unconscionable conduct case or what they would add to the material already available. Inspection of sample documents did not show that they would assist Grocon. The public interest in maintaining Cabinet confidentiality was not outweighed. As to Category 6, INSW's list response made objective assertions and its witnesses stated opinions...

Jurisdiction
Australia
Judgment Date
12 December 2023
Procedural Posture
Equity Commercial List; Procedural Ruling / Notice of Motion Filed on 31 August 2023 Seeking Production of Documents Over Which Public Interest Immunity and Legal Professional Privilege Were Claimed
Outcome
The plaintiffs' motion was dismissed as to the relief sought in paragraphs 4 and 6, and stood over to 2 February 2024 to deal with any outstanding questions.
Legal Topics
['public Interest Immunity' 'cabinet Documents' 'legal Professional Privilege' 'waiver of Privilege' 'production of Documents' 'misleading or Deceptive Conduct' 'unconscionable Conduct']
['evidence' 'civil Procedure' 'commercial Law'] ['public Interest Immunity' 'cabinet Documents' 'legal Professional Privilege' 'waiver of Privilege' 'production of Documents' 'misleading or Deceptive Conduct' 'unconscionable Conduct']

Case Brief

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Procedural Posture

Equity Commercial List; Procedural Ruling / Notice of Motion Filed on 31 August 2023 Seeking Production of Documents Over Which Public Interest Immunity and Legal Professional Privilege Were Claimed

Legal Issues

  1. 1 ['Whether documents said to record, disclose or concern Cabinet deliberations, submissions, minutes, agendas or ministerial briefings should be produced despite a public interest immunity claim.' 'Whether Infrastructure NSW waived legal professional privilege over advice concerning the Sight Lines Clauses or the obligation to issue a Sight Lines Resolution Notice by its list response or affidavit evidence.']

Ratio Decidendi

The Category 4 documents fell within protected classes of Cabinet documents or documents concerning Cabinet processes. Although the public interest in confidentiality was less strong than in some cases because of the age and commercial character of the matters and the public inquiry, Grocon did not identify with precision how the documents would assist its unconscionable conduct case or what they would add to the material already available. Inspection of sample documents did not show that they would assist Grocon. The public interest in maintaining Cabinet confidentiality was not outweighed. As to Category 6, INSW's list response made objective assertions and its witnesses stated opinions...

Court Disposition

The plaintiffs' motion was dismissed as to the relief sought in paragraphs 4 and 6, and stood over to 2 February 2024 to deal with any outstanding questions.

Orders

  • ["The relief sought in paragraphs 4 and 6 of the plaintiffs' notice of motion filed on 31 August 2023 be dismissed." 'The motion be stood over to 2 February 2024 to deal with any outstanding questions.']