COMMONWEALTH OF AUSTRALIA v RUNDLE [1989] NSWCA 45

COMMONWEALTH OF AUSTRALIA v RUNDLE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, PRIESTLEY JA and MEAGHER J 6 February 1989, 10 February 1989

[1989] NSWCA 45

CROWN — Crown privilege — public interest immunity production of document by Federal department — objection to documents alleged to have been provided by United States governmental agencies on the basis of an expectation of confidentiality — tests concerning the toxicity of chemical pesticides — litigant claims orders in the Land and Environment Court restraining use of pesticides pending environmental impact study — Bignold J dismisses motion by the Commonwealth to be excused from producing confidential documents but exempts production of documents involving business confidences — held: (dismissing summons for leave to appeal) No error shown such as would warrant the disturbance by the Court of Appeal of the exercise by Bignold J of his discretion in a matter of practice and procedure. In re the Will of F B Gilbert (1946) 46 SR (NSW) 318 referred to; Alister v The Queen (1984) 154 CLR 404 and John Fairfax and Sons Ltd and Another v Cojuangco (1988) 82 ALR 1 referred to. ORDER (As pronounced on 6 February 1989) Summons dismissed with costs.

Kirby P, Priestley JA and Meagher J. On 6 February 1989 the Court dismissed with costs a summons for leave to appeal from an interlocutory order of Bignold J in the Land and Environment Court. The order, made on 20 December 1988, dismissed with costs a notice of motion brought by the Commonwealth in proceedings in that Court which had been commenced by the opponent against the Council of the Shire of Tweed and the Far North Coast County Council. By its motion, the Commonwealth sought to be excused from producing to that court certain documents the subject of a subpoena duces tecum issued at the request of the opponent.