BRENNAN v. STATE OF NEW SOUTH WALES [2006] NSWSC 167

New South Wales Supreme Court

CITATION : BRENNAN v. STATE OF NEW SOUTH WALES [2006] NSWSC 167 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 6 to 9 March, 14 March 2006

JUDGMENT DATE : 22 March 2006

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : Order that the portions of the transcript of proceedings referred to in Table 1 set out in the Schedule to this judgment not be published. The contents of documents in Exhibit A behind Tab 15 not be published except for references to "life management" and "stress management" on pp.17 and 18 of the 1988 Pilot Course Documentation and to "Subject No. 28 Life Management" (p.35 of the Course Documentation) and "Subject No. 31 Stress Management" on p.36 of the Course Documentation. The applicant is to provide to my associate within three days of the delivery of this judgment an edited version of Exhibit C. That document will then be given a discrete exhibit number and become a public exhibit without restriction in the proceedings and placed with the file.

Criminal Procedure Act 2005 LEGISLATION CITED : Supreme Court Act 1896 Evidence Act 1995

Sankey v. Whitlam (1978) 142 CLR 1 Re Application by Chief Commissioner of Police (Vic.) for leave to appeal (2004) 9 VR 275 R. v. Mentuck (2001) 3 SCR 442 Attorney General for NSW v. Mayas (1988) 14 NSWLR 345 D v. National Society for Prevention of Cruelty to Children [1978] AC 171 Raybox Aust. Pty. Limited v. Jones (1985) 2 NSWLR 47 Scott v. Scott [1913] AC 417 Russell v. Russell (1976) 134 CLR 495 David Syme & Co. Limited v. General Motors [1984] 2 NSWLR 294 John Fairfax Publications v. District Court of NSW (2004) 61 NSWLR 344 John Fairfax v. Ryde Local Court (2005) 62 NSWLR 512 John Fairfax & Sons Limited v. Police Tribunal of NSW (1986) 5 NSWLR 465 CASES CITED : John Fairfax v. Police Tribunal ex parte Queensland Law Society [1984] 1 Qd. R. 166 John Fairfax Group Limited v. Local Court of NSW (1991) 26 NSWLR 131 Herald & Weekly Times Limited v. Medical Practitioners Board of Victoria (1999) 1 VR 267 Alister v. The Queen (1984) 154 CLR 405 Woodroffe v. National Crime Authority [1999] FCA 1128 Young v. Quinn (1985) 59 ALR 225 Beneficial Finance Corporation Limited v. Commissioner of Australian Federal Police (1991) 103 ALR 167 Re application by Chief Inspector of Police (Vic.) [2004] FSCA 3 R v ONE (2001) 3 SCR 478 Queen v. Rogerson (1991-92) 174 CLR 268 Cain v. Glass (No. 2) (1985) 3 NSWLR 230 R v. Smith (1996) 86 A. Crim. R. 308 R v. McKelliff [2004] SASC 63