Z v New South Wales Crime Commission [2007] HCA 7

HIGH COURT OF AUSTRALIA

GLEESON CJ,

KIRBY, HAYNE, CALLINAN AND CRENNAN JJ

Z APPELLANT

AND

NEW SOUTH WALES CRIME COMMISSION RESPONDENT

Z v New South Wales Crime Commission [2007] HCA 7

28 February 2007

S229/2006

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation

D F Jackson QC with B A Arste for the appellant (instructed by Bolzan & Dimitri)

M G Sexton SC, Solicitor-General for the State of New South Wales with P F Singleton and M T England for the respondent (instructed by New South Wales Crime Commission)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Z v New South Wales Crime Commission

Practice and procedure – Legal professional privilege – Solicitor summonsed to give evidence before the New South Wales Crime Commission ("the Commission") – Whether the communication of a client's name or the communication of the client's contact details was a privileged communication.

Legal practitioners – Solicitor and client – Legal professional privilege –Whether the communication of a client's name or the communication of the client's contact details was a privileged communication.

Statutes – Interpretation – New South Wales Crime Commission Act 1985 (NSW) ("the Act") – Section 18B(4) of the Act – Entitlement of legal practitioner appearing as a witness before the Commission to refuse to answer a question if the answer would disclose a privileged communication – Whether disclosing a client's name and address would disclose a privileged communication.

Statutes – Interpretation – Section 18B(4) of the Act – Entitlement of legal practitioner appearing as a witness before the Commission to refuse to answer a question if the answer would disclose a privileged communication – Whether s 18B(4) of the Act qualifies this entitlement by providing that the legal practitioner must, if required, "furnish to the Commission the name and address of the person to whom or by whom the communication was made".