GRGIC v AUSTRALIA and NEW ZEALAND BANKING GROUP LTD [1993] NSWCA 126

GRGIC v AUSTRALIA and NEW ZEALAND BANKING GROUP LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 5 April 1993, 5 April 1993 [1993] NSWCA 126

PRACTICE and PROCEDURE — subpoenas — access to documents produced by — observance of privacy of individuals — police produce police briefs of prosecution of persons allegedly involved in forgery of transfer of title — persons convicted of or facing criminal charges — one brief contains transcript of personal conversation between husband and wife secured by warrant issued to police under Listening Devices Act 1984 s16 — application by parties in absence of husband and wife for access to file containing transcript of conversation.

Held: (per Kirby P) (1) It is the duty of the Court to be alert to the privacy interests of persons not present in Court and to protect such interests before permitting access to documents produced to the Court under compulsory process such as subpoena; (2) Access by the parties, as requested, to the transcript of the personal conversation between the husband and wife, without first affording them the opportunity to make submissions to the Court, would be in breach of basic privacy principles; (3) Accordingly, access would be denied until notice was given to the participants in the conversation and they were afforded the opportunity of making submissions to the Court; (4) Meanwhile, the documents would be kept in a sealed envelope not to be accessed without order of a judge.

Listening Devices Act 1984, s16. Supreme Court Act 1970, s46(1), s51. Privacy Act 1988 (Cth), s14 (Privacy Principles).

ORDERS

1. Stand over the further hearing of the motion for directions, anterior to the appeal, until Monday 17 May 1993;

2. Order that the solicitor for Mr Franco Grgic give notice to the solicitor or solicitors for Mr Antonio Grgic, Mrs Aida Grgic and Mr Francesco Sierra, if known, or to such persons personally within eight days of this date of the listing of the matter for directions before the Court on 17 May 1993 for the purpose of affording such persons the opportunity of making any representations to the Court which they may consider appropriate concerning access by the present parties to the transcript of conversations recorded pursuant to the warrant issued under the Listening Devices Act;