Transport for NSW & Ors v Robinson [2018] NSWCATAP 123

Transport for NSW & Ors v Robinson [2018] NSWCATAP 123

The Appeal Panel found that the Tribunal below erred in law by adding an unwarranted requirement to cl 2(1)(e) of Schedule 1 of the Government Information (Public Access) Act 2009 (NSW) that Cabinet must actually have deliberated or decided upon the matter for the information to be exempt, and similarly erred regarding application of legal professional privilege and waiver. Consequently, access to the relevant documents should be refused.

Parties
First Appellant: Transport for NSW; Second Appellant: Roads and Maritime Services; Third Respondent: Premier of NSW; Respondent: Peter Robinson
Jurisdiction
Australia
Judgment Date
24 May 2018
Procedural Posture
Appeal and Cross Appeal / Appeal Panel Decision
Outcome
Appeal allowed in part, leave to appeal granted in part
Legal Topics
Government Information, Cabinet Confidentiality, Legal Professional Privilege, Statutory Interpretation
Administrative Law Government Information Cabinet Confidentiality Legal Professional Privilege Statutory Interpretation

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Parties

Transport for NSW

First Appellant

Roads and Maritime Services

Second Appellant

Premier of NSW

Third Respondent

Peter Robinson

Respondent

Procedural Posture

Appeal and Cross Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Proper construction of cl 2(1)(e) of Sch 1 to the Government Information (Public Access) Act 2009 (NSW) relating to Cabinet information
  2. 2 Application of legal professional privilege and waiver under Evidence Act 1995 (NSW) and common law
  3. 3 Whether Tribunal below erred in applying test for Cabinet information and privilege

Ratio Decidendi

The Appeal Panel found that the Tribunal below erred in law by adding an unwarranted requirement to cl 2(1)(e) of Schedule 1 of the Government Information (Public Access) Act 2009 (NSW) that Cabinet must actually have deliberated or decided upon the matter for the information to be exempt, and similarly erred regarding application of legal professional privilege and waiver. Consequently, access to the relevant documents should be refused.

Court Disposition

Appeal allowed in part, leave to appeal granted in part

Orders

  • Parties to confer within 7 days and file consent or competing orders; supporting submissions not to exceed three pages.
  • Leave to appeal granted.