MICHAEL JOHN NOWLAND AS EXECUTOR OF THE ESTATE OF THE LATE CLARE MARGARET NOWLAND v THE STATE OF NEW SOUTH WALES [2023] NSWDC 505

District Court New South Wales

Medium Neutral Citation: MICHAEL JOHN NOWLAND AS EXECUTOR OF THE ESTATE OF THE LATE CLARE MARGARET NOWLAND v THE STATE OF NEW SOUTH WALES [2023] NSWDC 505 Hearing dates: 26 October 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The decision of the Registrar at Bega of 7 September 2023 to refuse the application for non-party access to Mrs Lesley Lloyd to have review-only access to the film footage of the body worn cameras of police officers attending the late Mrs Nowland on 17 May 2023 at Yallambee Lodge, 1 Binalong Street, Cooma in the State of New South Wales is set aside pursuant to Part 49.19 of the Uniform Civil Procedure Rules. (2) Upon the undertaking to the Court by Mrs Lesley Lloyd given through her counsel not to disseminate the film footage to any other person apart from the parties to the proceedings and their legal representatives or to use such film footage without leave in other proceedings, an order is made permitting Mrs Lesley Lloyd from 4 December 2023 to have review only access to the film footage referred to in Order 1. The review only access is to be provided by the legal representatives for the plaintiff. (3) The order made by the Registrar at Bega on 18 August 2023 is varied so that review only access is to be granted to the film footage referred to in Order 1 to the plaintiff in the proceedings. The review only access is to be provided by the legal representatives for the plaintiff executor. (4) The defendant is to pay the applicant's costs of the Notice of Motion filed on 5 October 2023 as agreed or assessed. (5) Orders 1-2 and 4 above are stayed for a period of 28 days. (6) Liberty to apply on 2 business days' notice. Note: The undertaking referred to in Order 2 has been given on behalf of the applicant. Catchwords: APPEAL – review of Registrar's decision – nature of review Legislation Cited: Surveillance Devices Act 2007 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dae Boong International Co Pty Ltd v Gray [2009] NSWCA 11 Endemi v Ginman (No 3) [2023] NSWSC 395 House v The King (1936) 55 CLR 499 Noble Earth Technologies Pty Ltd v Hampic Pty Ltd trading as Cyndan Chemicals [2012] NSWSC 935 Salmon v Albarran [2023] NSWSC 1238 Sebie v Krejci (No 3) [2023] NSWCA 221 Tomko v Palasty (No 2) [2007] 71 NSWLR 61; [2007] NSWCA 369 Category: Principal judgment Parties: Michael John Nowland as Executor of the Estate of the Late Clare Margaret Nowland (Plaintiff) The State of New South Wales (Defendant) Lesley Lloyd (Applicant) Representation: Counsel: P Tierney (Applicant) R Perla (Defendant)