Bayeh -v- State Government of New South Wales & Anor [1999] NSWSC 1070

Reported Decision : [1999] 108 A Crim R 364

New South Wales Supreme Court CITATION : Bayeh -v- State Government of New South Wales & Anor [1999] NSWSC 1070 CURRENT JURISDICTION : Common Law Division FILE NUMBER(S) : 11915 of 1999 HEARING DATE(S) : 22 October, 1999 JUDGMENT DATE : 3 November 1999

Louis BAYEH - Plaintiff PARTIES : State of New South Wales - First Defendant Parole Board of New South Wales - Second Defendant JUDGMENT OF : Ireland J at 1

COUNSEL : C Waterstreet - Plaintiff P Saidi - Defendants SOLICITORS : John B Hajje & Associates - Plaintiff I V Knight, Crown Solicitor - Defendants CATCHWORDS : Self-incrimination - privilege as regards answers, documents etc. given in evidence before Independent Commission Against Corruption and Royal Commission (Police Service) - use which Parole Board may make of such evidence when tendered on behalf of applicant for release on parole - waiver of privilege by tender of transcript of evidence - declaration that Parole Board not entitled to view adversely to applicant for release on parole such evidence tendered by him refused. Independent Commission Against Corruption Act 1989 - S.37 ACTS CITED : Royal Commissions Act 1923 - S.17. The Royal Commission (Police Service) Act 1994 - Ss. 5,6,7,9 and 12. CASES CITED : Hartmann -v- Commissioner of Police (1997) 91 A Crim R 141 @ 147; Cross on Evidence 4th Aust. Ed. 667; Great Atlantic Insurance Co -v- Home Insurance Co (1981) 2 All ER 484 (CA) DECISION : Amended Summons dismissed with costs.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION