Hamzy v NSW Commissioner of Police [2020] NSWCA 184

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hamzy v NSW Commissioner of Police [2020] NSWCA 184 Hearing dates: 6 August 2020 Date of orders: 20 August 2020 Decision date: 20 August 2020 Before: Bell P at [1]; Emmett AJA at [51] Decision: 1. Application for leave to appeal refused with costs. 2. Direct the Registrar to forward a copy of this judgment to Bassam Hamzy, High Risk Management Correctional Centre, Maud Street, Goulburn NSW 2580. Catchwords: CIVIL PROCEDURE – leave to appeal – where refusal to grant adjournment in order to allow prisoner to review potentially privileged communications – where court orders for filing of submissions and evidence breached – where judge given impression that submissions in support of claim for privilege well advanced but submissions were never filed – where judge may have assumed that prisoner had reviewed materials – where this assumption was apparently incorrect and prisoner had filed material to this effect – where potentially privileged material had entered public domain as a result of dismissal of application following refusal of adjournment – where no utility in granting leave in light of this matter. CIVIL PROCEDURE – refusal to recuse for alleged bias – no issue or error of principle. LEGAL PROFESSIONAL PRIVILEGE – where potentially privileged documents enter the public domain as a result or following refusal of adjournment application and dismissal of claim – no utility in a grant of leave to appeal. Legislation Cited: Legal Aid Commission Act 1979 (NSW) s 57 Uniform Civil Procedure Rules 2005 (NSW) r 2.1 Cases Cited: Baker v Campbell (1983) 153 CLR 52; [1983] HCA 39 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited (2013) 250 CLR 303; [2013] HCA 46 Federal Commissioner of Taxation v Donoghue (2015) 237 FCR 316; [2015] FCAFC 183 Glencore International AG v Commissioner of Taxation of the Commonwealth of Australia (2019) 265 CLR 646; [2019] HCA 26 Jaycar Pty Limited v Lombardo [2011] NSWCA 284 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Bassam Hamzy (Applicant) NSW Commissioner of Police (Respondent) Representation: Counsel: