COLLIER v DIRECTOR OF PUBLIC PROSECUTIONS AND ANOR [1994] NSWCA 56

COLLIER v DIRECTOR OF PUBLIC PROSECUTIONS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SHELLER JA 8 June 1994

[1994] NSWCA 56

Sheller JA The Court has sat today on short notice to deal with the return of a subpoena directed to the Director of Public Prosecutions.

When the matter was called on it was the understanding of the claimant, Mrs Collier, that the Director was seeking further time within which to answer the subpoena and that some further time for doing so had been granted by the Registrar.

However, I was informed by Mr Kavanagh, who appears for the Director, that the problem was that the subpoena (which I have not seen) called for the production of a letter dated 8 June 1990 written by Mr BK Carsland.

Mr Kavanagh informed me that no such letter had been found in the files of the Director but that a letter from Mr Carsland dated 26 May 1990 had been found. It was Mr Kavanagh's belief that this was the letter that was indeed being sought by the subpoena.

The matter has proceeded on the basis that that was so. Mr Kavanagh informed me that the reason that further time for answering the subpoena had been sought was that he needed instructions from the Director as to whether or not the letter should be produced as answering the subpoena. He now has those instructions and that the letter will be produced to the Court.

However, objection was taken by Mr Kavanagh to Mrs Collier's having access to the letter, principally on the grounds of relevance. Mr Kavanagh indicated that objection may also be taken on the ground of legal professional privilege and public interest immunity.

It was suggested that I might resolve the question of access this afternoon. The affidavit of Mr Kavanagh sworn on 8 June 1994 was filed and read and the letter was produced to the Court in a sealed envelope. I have not examined it.