Lanyon Pty Ltd v The Commonwealth [1974] HCA 11
Because the subpoenaed documents were cabinet papers or papers prepared within government for the purpose of obtaining a cabinet decision on a matter of policy, and no very special circumstances justified inspection or disclosure, the public interest required that Crown privilege be upheld without examination of the documents.
- Jurisdiction
- Australia
- Procedural Posture
- Action Involving Subpoenas for Production of Government Documents / Ruling on Claims for Crown Privilege
- Outcome
- Claim for privilege upheld.
- Legal Topics
- ['crown Privilege' 'public Interest Immunity' 'cabinet Documents' 'subpoenas for Production']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Action Involving Subpoenas for Production of Government Documents / Ruling on Claims for Crown Privilege
Legal Issues
- 1 ['Whether claims for Crown privilege over documents sought by subpoenas should be upheld without the Court examining the documents.' 'Whether documents brought into existence within government departments and instrumentalities for consideration in formulating a submission to cabinet and recording cabinet decisions should be produced.']
Ratio Decidendi
Because the subpoenaed documents were cabinet papers or papers prepared within government for the purpose of obtaining a cabinet decision on a matter of policy, and no very special circumstances justified inspection or disclosure, the public interest required that Crown privilege be upheld without examination of the documents.
Court Disposition
Claim for privilege upheld.
Orders
- ['The claim for privilege is upheld.']
Full Case Text
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