Howell v Macquarie University (No 2) [2007] NSWADT 227

Howell v Macquarie University (No 2) [2007] NSWADT 227

Even assuming a section 25(1) discretion existed to release matter protected by legal professional privilege, the applicant's reasons were insufficient to override the privilege. The circumstances also did not warrant an order for costs because the respondent had not pursued an almost unsupportable case and no special circumstances were established.

Jurisdiction
Australia
Judgment Date
28 September 2007
Procedural Posture
Administrative Review Concerning Access to Documents Under the Freedom of Information Act 1989 / Principal Matter; Determined on the Papers After Submissions Closed
Outcome
Decision under review set aside and substituted; exemptions partly affirmed; non-exempt documents and documents with exempt matter deleted ordered to be released; application for release of exempt Documents 73-79 dismissed; no order for costs.
Legal Topics
['access to Documents' 'exempt Documents' 'legal Professional Privilege' 'personal Affairs' 'confidential Material' 'business Affairs' 'tribunal Discretion to Release Exempt Matter' 'special Circumstances for Costs']
['administrative Law' 'freedom of Information' 'costs'] ['access to Documents' 'exempt Documents' 'legal Professional Privilege' 'personal Affairs' 'confidential Material' 'business Affairs' 'tribunal Discretion to Release Exempt Matter' 'special Circumstances for Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review Concerning Access to Documents Under the Freedom of Information Act 1989 / Principal Matter; Determined on the Papers After Submissions Closed

Legal Issues

  1. 1 ['Whether the Tribunal should exercise any discretion to order release of material found exempt on the ground of legal professional privilege.' 'Whether exempt matter in documents should be released notwithstanding exemptions under clauses 6, 7 or 10 of Schedule 1 to the Freedom of Information Act 1989.' 'Whether special circumstances warranted an indemnity costs order against the respondent under section 88(1) of the Administrative Decisions Tribunal Act 1997.']

Ratio Decidendi

Even assuming a section 25(1) discretion existed to release matter protected by legal professional privilege, the applicant's reasons were insufficient to override the privilege. The circumstances also did not warrant an order for costs because the respondent had not pursued an almost unsupportable case and no special circumstances were established.

Court Disposition

Decision under review set aside and substituted; exemptions partly affirmed; non-exempt documents and documents with exempt matter deleted ordered to be released; application for release of exempt Documents 73-79 dismissed; no order for costs.

Orders

  • ['The decision under review is set aside.' "In substitution for the decision, the respondent's determination that Documents 73-79 are exempt under clause 10 of Schedule 1 to the Freedom of Information Act 1989 (NSW) is affirmed." 'Those parts of Documents 3, 14, 21 and 43 identified in paragraph 105 of the 20 April...