NSW v Public Transport Ticketing Corporation (No 3)

(2011) 81 NSWLR 394; [2011] NSWCA 200

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Discovery
3. › Public interest immunity
4. › Cabinet documents
5. › Reconsideration of immunity in light of amended pleadings
6. › Whether centrality of relevance to amended claims required disclosure
1. Practice and Procedure
2. › Discovery
3. › Public interest immunity
4. › Appointment of special counsel
5. › Inherent jurisdiction of superior court
6. › Whether court has power to appoint special counsel in civil proceedings
7. › Considerations of fairness, justice and efficiency
8. › Civil Procedure Act 2005 (NSW), ss 56-61
1. Practice and Procedure
2. › Civil Procedure Act 2005 (NSW)
3. › Overriding purpose
4. › Obligation on court to formulate techniques and procedures
5. › Whether novelty bars exercise of procedural power
6. › Civil Procedure Act 2005 (NSW), s 56(1), s 56(2)

Quick Take

In civil proceedings in NSW, a court may appoint special counsel to assist in resolving public interest immunity claims where the interests of fairness, justice, efficiency or economy so require, applying a balance and judgment test rather than the 'last resort' standard from criminal cases. The Civil Procedure Act 2005 (NSW) s 56(2) reinforces and broadens this inherent power. Public interest immunity over Cabinet documents may be overridden where amended pleadings make the acts of Cabinet central to the resolution of a commercial dispute, particularly where the documents lack contemporaneity, concern a commercial relationship of a State instrumentality, and do not concern current policy.