EGAN v CHADWICK & ORS [1999] NSWCA 176

Reported Decision : 46 NSWLR 563

New South Wales Court of Appeal CITATION : EGAN v CHADWICK & ORS [1999] NSWCA 176 revised - 04/08/99 FILE NUMBER(S) : CA 40828/98 HEARING DATE(S) : 24/11/98, 27/11/98, 14/12/98 JUDGMENT DATE : 10 June 1999

Michael EGAN (Plaintiff) PARTIES : Virginia Anne CHADWICK (Defendant) John Denton EVANS (Second Defendant) Warren Cameron CAHILL (Third Defendant) JUDGMENT OF : Spigelman CJ at 1; Priestley JA at 96; Meagher JA at 150

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : ALD 30102/98 LOWER COURT JUDICIAL OFFICER :

COUNSEL : S J Gageler / M J Leeming (Plaintiff) B W Walker SC / P T Taylor (Defendant) SOLICITORS : I V Knight, State Crown Solicitor (Plaintiff) Corrs Chambers Westgarth (Defendant) CATCHWORDS : CONSTITUTIONAL LAW; Parliament (NSW); Legislative Council; powers; non-compliance by Member of Legislative Council with order for production; suspension of Member from service of the Council; forcible removal of Member from the House; claim of trespass to person; justification; lawful authority; whether Council can require production of privileged documents; CONSTITUTIONAL LAW; responsible government; nature and operation of; collective ministerial responsibility of Cabinet; "reasonably necessary" for the performance of Council's constitutional functions; Cabinet documents; immunity from production; claim of public interest immunity; legal professional privilege; nature of privileges considered; CONSTITUTIONAL LAW; Judiciary; powers; claim of public interest immunity in respect of Cabinet documents; balancing process; whether a constitutional function of the judiciary ACTS CITED : Constitution Act 1902 (NSW) Crimes Act 1914 (Cth) DECISION : Proceedings dismissed