Law v Wollondilly Shire Council [2013] NSWADT 203

Law v Wollondilly Shire Council [2013] NSWADT 203

The Taylor report was a confidential report prepared by an Australian lawyer, Dr Lindsay Taylor, for Council. Although it was not shown to have been prepared for the dominant purpose of anticipated litigation with Mr and Mrs Law, its dominant purpose was the provision of legal advice to Council concerning the street sweeping tender process and subsequent events. Communications at the 1 December 2010 meeting were made in an attempt to negotiate outstanding disputes and were privileged under s 131 of the Evidence Act 1995, so evidence of them was inadmissible. In any event, there was no evidence that Dr Taylor or Council officers were authorised to waive Council's privilege. Council had not...

Jurisdiction
Australia
Judgment Date
16 September 2013
Procedural Posture
Application for Review of a Decision Refusing Access to Government Information Under the Government Information (public Access) Act 2009 / Administrative Decisions Tribunal General Division Review; Principal Judgment
Outcome
The decision of the Council is affirmed.
Legal Topics
['government Information (public Access) Act 2009' 'client Legal Privilege' 'legal Advice Privilege' 'litigation Privilege' 'waiver of Privilege' 'without Prejudice Privilege' 'conclusive Presumption Against Disclosure']
['administrative Law' 'government Information Access' 'evidence' 'legal Professional Privilege'] ['government Information (public Access) Act 2009' 'client Legal Privilege' 'legal Advice Privilege' 'litigation Privilege' 'waiver of Privilege' 'without Prejudice Privilege' 'conclusive Presumption Against Disclosure']

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Procedural Posture

Application for Review of a Decision Refusing Access to Government Information Under the Government Information (public Access) Act 2009 / Administrative Decisions Tribunal General Division Review; Principal Judgment

Legal Issues

  1. 1 ['Whether the Taylor report was privileged from production in legal proceedings on the ground of client legal privilege.' 'Whether the dominant purpose of the Taylor report was anticipated litigation or the provision of legal advice to Council.' 'Whether evidence of conversations about the contents of the Taylor report was inadmissible because it was subject to without prejudice privilege.' 'Whether Council waived client legal privilege over the Taylor report.' 'Whether the GIPA Act required refusal of access because of a conclusive presumption of an overriding public interest against disclosure.']

Ratio Decidendi

The Taylor report was a confidential report prepared by an Australian lawyer, Dr Lindsay Taylor, for Council. Although it was not shown to have been prepared for the dominant purpose of anticipated litigation with Mr and Mrs Law, its dominant purpose was the provision of legal advice to Council concerning the street sweeping tender process and subsequent events. Communications at the 1 December 2010 meeting were made in an attempt to negotiate outstanding disputes and were privileged under s 131 of the Evidence Act 1995, so evidence of them was inadmissible. In any event, there was no evidence that Dr Taylor or Council officers were authorised to waive Council's privilege. Council had not...

Court Disposition

The decision of the Council is affirmed.

Orders

  • ['The decision of Wollondilly Shire Council to refuse Mr and Mrs Law access under the GIPA Act to the information contained in the Taylor report is affirmed.']