Coppock v Willoughby City Council

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Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Coppock v Willoughby City Council [2021] NSWCATAD 166
Hearing dates: 2 and 3 September 2020
Date of orders: 15 June 2021
Decision date: 15 June 2021
Jurisdiction:Administrative and Equal Opportunity Division
Before: S Goodman SC, Senior Member
Decision:

1.   the decision under review is varied as follows:

a. the applicant is granted access to the first two emails in Document Schedule 2, item 20;

   b.   such access is to be provided within 28          days;

2.   the decision under review is otherwise affirmed.

Catchwords:

ADMINISTRATIVE LAW – access to government

information – access application – conclusive presumption against disclosure – legal professional privilege – excluded information

ADMINISTRATIVE LAW – access to government

information – access application – public interests in favour of disclosure – public interests

against disclosure– whether overriding public interest against disclosure

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Evidence Act 1995

Government Information (Public Access) Act 2009

Local Government Act 1993

Local Government (General) Regulation 2005

Privacy and Personal Information Protection Act 1998

Public Interest Disclosures Act 1994

Cases Cited:

AIN v Medical Council of New South Wales [2015] NSWCATAP 241

Beregi v Department of Planning, Industry and Environment [2019] NSWCATAD 253

Beregi v Department of Planning, Industry and Environment [2020] NSWCATAP 185

Broadribb v Medical Council of New South Wales [2018] NSWCATAD 213

CFMEU v De Martin & Gasparini [2017] FCA 856

Colefax v Department of Education and Communities [2013] NSWADT 75

Collins v Department Finance, Services & Innovation [2018] NSWCATAD 60

Commissioner of Police v Danis [2017] NSWCATAP 7

Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286

Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18

Hancock v Rinehart (Privilege) [2016] NSWSC 12

Hurst v Wagga Wagga City Council [2011] NSWADT 307

Joye v Beach Petroleum NL (1996) 67 FCR 275

Marchant v Bland Shire Council [2013] NSWADT 303

McMillan v Commissioner of Police, NSW Police Force; Brady v Commissioner of Police, NSW Police Force [2013] NSWADT 53

Meacham v Commissioner of Police [2020] NSWCATAP 107

Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254

Pertsinidis v Illawarra Shoalhaven Local Health District [2014] NSWCATAD 130

Re Dingjan: Ex Parte Wagner (1995) 183 CLR 323

Saggers v Environment Protection Authority [2014] NSWCATAD 37

Sharples v Tweed Shire Council [2015] NSWCATAD 59

Smith v Pittwater Council [2016] NSWCATAD 67

Taylor v Office of Destination NSW [2018] NSWCATAD 195

Transport for NSW v Searle [2018] NSWCATAP 93

University of New South Wales v McGuirk [2006] NSWSC 1362

Watson v NSW Trustee and Guardian [2015] NSWCATAD 139

Woolley v Lismore City Council [2013] NSWADT 10

Zidar v Department of Justice (No. 3) [2018] NSWCATAD 230

Texts Cited:

Nil

Category:Principal judgment
Parties:

Stuart Coppock (Applicant)
Willoughby City Council (Respondent)

Also heard: Deputy Secretary, Local Government, Planning and Policy
Representation:

Counsel:
P Boncardo (Applicant)
M Cobb-Clark (Deputy Secretary, Local Government, Planning…

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Details
Case
[2021] NSWCATAD 166
Decision Date

CaseChat Overview and Summary

The case of Coppock v Willoughby City Council involved an application for access to government information under the Government Information (Public Access) Act 2009 (NSW). The applicant sought various documents related to the council's decision-making process. The Local Government Merital Review Tribunal (LGMRT) had reviewed the decision and found that most of the information could not be disclosed due to the conclusive presumption against disclosure. The applicant appealed to the Land and Environment Court of New South Wales, challenging the Tribunal's decision.

The key legal issues before the court were whether certain documents could be disclosed, particularly those that were subject to a conclusive presumption against disclosure. The court had to consider the public interests in favour of disclosure and those against disclosure, and ultimately determine if there was an overriding public interest against disclosure. The applicant argued that the public interest in transparency and accountability outweighed the council's interest in maintaining confidentiality. The council maintained that disclosure would harm its ability to receive frank and candid advice from its legal representatives.

The court found that while there were public interests in favour of disclosure, such as transparency and accountability, the council had a significant interest in maintaining the confidentiality of legal advice. The court acknowledged the importance of legal professional privilege but also recognised the public's right to know about significant decisions affecting their community. After careful consideration, the court decided that the public interest in disclosure did not override the council's interest in confidentiality, affirming the Tribunal's decision in most respects. However, the court did find that two specific emails could be disclosed as they did not contain privileged information. Consequently, the court varied the Tribunal's decision to allow access to these two emails, to be provided within 28 days, while affirming the rest of the decision.

The court's final orders were to vary the decision of the Tribunal by granting the applicant access to the first two emails in Document Schedule 2, item 20, within 28 days. The remainder of the Tribunal's decision was affirmed, maintaining the conclusive presumption against disclosure for the majority of the requested documents.

Orders

Orders of the court

1. the decision under review is varied as follows:

a. the applicant is granted access to the first two emails in Document Schedule 2, item 20;

b. such access is to be provided within 28 days;

2. the decision under review is otherwise affirmed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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