SG v New South Wales Crime Commission (No 4) [2021] NSWSC 92

Supreme Court New South Wales

Medium Neutral Citation: SG v New South Wales Crime Commission (No 4) [2021] NSWSC 92 Hearing dates: 7, 14 December 2020 Date of orders: 04 February 2021 Decision date: 04 February 2021 Jurisdiction: Common Law Before: Rothman J Decision: (1) The plaintiff's motion seeking to set aside subpoenas issued by the New South Wales Crime Commission to the plaintiff, JG and the plaintiff's solicitor is dismissed, except as to paragraph 10 of the aforesaid subpoenas; (2) The plaintiff's application for discovery in the categories attached to the plaintiff's motion filed 26 August 2020 is granted, save as to paragraphs 14 and 15 thereof; (3) Access to documents produced on subpoena by the Australian Federal Police is denied, subject to the production of redacted material by the defendant herein and subject to further order of the Court; (4) The application by the Attorney seeking to set aside a subpoena addressed to him is dismissed; (5) The costs of all motions be costs in the cause. Catchwords: CIVIL PROCEDURE – Discovery – subpoenas – motions to set aside – collateral purpose – applications to set aside – provisions of s 80 of Crime Commission Act preventing compelling production in certain circumstances – details of each schedule – motions generally dismissed. Legislation Cited: Civil Procedure Act 2005 (NSW) Crime Commission Act 2012 (NSW) Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: A v Independent Commission Against Corruption (2014) 88 NSWLR 240; [2014] NSWCA 414 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 National Employers' Mutual General Insurance Association Ltd v Waind and Hill [1978] 1 NSWLR 372 SG v New South Wales Crime Commission [2016] NSWSC 1615 SG v New South Wales Crime Commission (No 2) [2018] NSWSC 600 Taylor v Director of the Serious Fraud Office [1999] 2 AC 177 Ulman v Live Group Pty Ltd (2018) 367 ALR 95; [2018] NSWCA 338 Wran v Australian Broadcasting Commission[1984] 3 NSWLR 241 X7 v Australian Crime Commission (2013) 248 CLR 92; [2013] HCA 29 Category: Procedural rulings Parties: SG (Plaintiff) New South Wales Crime Commission (Defendant) Attorney General of the Commonwealth (Applicant) Representation: Counsel: C O'Neill (Plaintiff) M Windsor SC (Defendant) T Glover (Applicant)