Wilson v State of New South Wales [2008] NSWDC 130

Reported Decision : 7 DCLR (NSW) 181

New South Wales District Court

CITATION: Wilson v State of New South Wales [2008] NSWDC 130

HEARING DATE(S): 26 June 2008

JUDGMENT DATE: 26 June 2008

EX TEMPORE JUDGMENT DATE : 26 June 2008

JURISDICTION: District Court Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ at 1

DECISION: Orders as sought in the motion (and the Category 2 Documents should be produced for inspection by the plaintiff)

CATCHWORDS: PRIVELEGE - the state opposed the production and inspection by the plaintiff of documents, claiming privelege in respect of material brought into existence for the purpose of disciplinary proceedings against Police officers and Sherriff's officers - inadmissibility of documents at trial does not precude their production for inspection at an interlocutory stage for legitimate forensic purposes - oppression - balancing act required - PROCEDURE - Civil Liability Act 2005 - overriding purpose v dictates of justice

LEGISLATION CITED: Police Act 1990: s 170 Civil Procedure Act 2005

Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 at [28] – [29]: Esso Australia Resources Limited v Federal Commissioner of Taxation (1999) 201 CLR 49 National Employers Mutual General Association Limited v Waind and Hill (1978) 1 NSWLR 372 at 378D-E, 383 E-F and 385 F CASES CITED: Mann v Carnell (1999) 201 CLR 1 at 11 Schenck Australia Pty Limited v Australian Coal Technology Pty Limited [2006] NSWCA 211 at [20] - [27] R v Saleam (1989) 16 NSWLR 14 Street v Luna Park Sydney Pty Limited [2006] NSWSC 95 at [11]