FAGAN - v - STATE OF NEW SOUTH WALES [2002] NSWSC 1079

New South Wales Supreme Court

CITATION : FAGAN - v - STATE OF NEW SOUTH WALES [2002] NSWSC 1079 revised - 13/11/2002 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 11875/02 HEARING DATE(S) : 17,31 October 2002 JUDGMENT DATE : 15 November 2002

PARTIES : Geoffrey FAGAN( Plaintiff) State of New South Wales (Defendant) JUDGMENT OF : Cooper AJ

LOWER COURT JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

COUNSEL : Mr. M. Cahill (Plaintiff) Mr. C. F. Hodgson (Defendant) SOLICITORS : Messrs Oates & Smith (Plaintiff) I.V.Knight, Crown Solicitor (Defendant) CATCHWORDS : Obstruction of justice. - Lawful Directions to Police Offiers LEGISLATION CITED : Section 75 of the Supreme Court Act Section 201 of the Police Act CASES CITED : AG (NT) -v- Maurice 161 CLR 475 J-Corp Pty Limited -v- BLF 110 ALR 510 DECISION : 1. The orders sought in paragraph 2 of the amended Summons dated and filed 9 July 2002 are refused and the summons is dismissed to that extent.; 2. The defendant is ordered to pay the plaintiff's costs of the day of 17 October 2002, and, subject to this, each party is to bear and pay its own costs.

- 15 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

COOPER AJ

15 November, 2002 07395/99 Geoffrey FAGAN ( Plaintiff)

-v-

STATE OF NEW SOUTH WALES (Defendant) JUDGMENT

The Nature of the Application 1 By Amended Summons dated 9 July 2002 the plaintiff sought two primary orders. The first was that the action be transferred from the District Court to this Court. This order was made some time ago. 2 The order which remains for my determination is a direction that the plaintiff be given access to witnesses that are employees of the defendant and that the defendant be directed not to interfere with the plaintiff's witnesses.