Wilson v State of New South Wales [2003] NSWSC 805

New South Wales Supreme Court

CITATION : Wilson v State of New South Wales [2003] NSWSC 805 revised - 3/09/2003 HEARING DATE(S) : 29/8/03 JUDGMENT DATE : 1 September 2003

JUDGMENT OF : Bell J at 1 DECISION : The plaintiffs' legal representatives may inspect the psychology file of former Detective Michael O'Donnnell produced by the Commissioner of Police upon undertaking not to copy any part of it and not to disclose its contents to any person, including the plaintiffs, unless by further order of the Court

CATCHWORDS : Professional confidential relationship privilege - relationship between Part 36 r 13 Supreme Court Rules and Part 3.10 of the Evidence Act LEGISLATION CITED : Evidence Act 1995 Supreme Court Rules 1970 Esso Australia Resources Limited v Commissioner of Taxation of the Commonwealth of Australia [1999] HCA 67; 201 CLR 49 CASES CITED : Mok v NSW Crime Commission [2002] NSWCA 53 Urquhart v Lanham [2003] NSWSC 109 Wran v Australian Broadcasting Commission [1984] 3 NSWLR 241 Anthony Wilson (1st Plaintiff) PARTIES : Lynette Wilson (2nd Plaintiff) Joyce Starkey (3rd Plaintiff) FILE NUMBER(S) : SC 20218/99 AJ Bartley SC / A Kostopoulos / L Whalan (1st Plaintiff) COUNSEL : AJ Bartley SC / D Campbell SC / A Kostopoulos / L Whalan (2nd Plaintiff) D Campbell SC / A Kostopoulos / L Whalan (3rd Plaintiff) B Donovan QC / C Hodgson (Defendant) Greg Walsh (1st and 2nd Plaintiff) SOLICITORS : Verekers, Solicitors (3rd Plaintiff) I V Knight (Defendant)