State of New South Wales v Holt (No 6) [2023] NSWSC 1367

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Holt (No 6) [2023] NSWSC 1367 Hearing dates: 28 July 2023 Date of orders: 28 July 2023 Decision date: 28 July 2023 Jurisdiction: Common Law Before: Campbell J Decision: The confidentiality orders made earlier in the proceedings in relation to the terrorism intelligence information are to be amended to allow the relevant substance of that information to be relayed to the defendant Catchwords: HIGH RISK OFFENDERS — closed court —Terrorism (High Risk Offenders) Act 2017 (NSW) — consideration of steps required to protect the confidentiality of terrorism intelligence — plaintiff contends that the terrorism intelligence should be considered by the Court in its determination — plaintiff proposed that the information be accessed by the defendant's legal representatives but not the defendant himself — defendant's legal representatives unable to get instructions from the defendant in relation to the terrorism intelligence — competing interests in the protection of the terrorism intelligence and the right of the defendant as a matter of natural justice to know the case against him Legislation Cited: Courts Suppression and Non-publication Orders Act 2010 (NSW) Terrorism (High Risk Offenders) Act 2017 (NSW), ss 38, 59C Cases Cited: State of New South Wales v Holt (No 3) [2023] NSWSC 683 State of New South Wales v Holt (No 4) [2023] NSWSC 861 Category: Procedural rulings Parties: State of New South Wales (Plaintiff) Michael James Holt (Defendant) Representation: Counsel: P McDonald SC with K Curry (Plaintiff) P Coady (Defendant) T Weller-Wong (xxxxxxx) Solicitors: Crown Solicitor's Office (NSW) (Plaintiff) Streeton Lawyers (Defendant) File Number(s): 2021/193502 Publication restriction: Non publication order under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) made on 15 December 2023.