NSW Caselaw
New South Wales Supreme Court
CITATION : A Pty Ltd v Z [2007] NSWSC 999
HEARING DATE(S) : 7, 24 August 2007
JUDGMENT DATE : 6 September 2007
JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
DECISION : Exemption from prohibition on disclosure of telephone intercept information that has previously been disclosed in an exempt proceeding is limited to the information so disclosed and does not extend to associated information. Production of material subject to statutory privilege cannot be required. Orders made limiting obligation of recipient of subpoena.
CATCHWORDS : EVIDENCE – Subpoenas – Confidentiality & Disclosure – restricted material – information obtained under Telecommunications (Interception & Access) Act – where transcripts have already been given in evidence in an exempt proceeding – whether audio tapes may now be given – Privilege – statutory privilege – information obtained or produced pursuant to New South Wales Crime Commission Act - COSTS – discretionary considerations – where successful objection only raised on second day of hearing – costs exacerbated by both parties – distinction between costs of compliance with, and costs of unsuccessful application to set aside, subpoena
(CTH) Telecommunications (Interception & Access) Act 1979 ss 5B, 6E, 63, 74, 75A LEGISLATION CITED : (NSW) New South Wales Crime Commission Act 1985 ss 27A, 29 (NSW) Uniform Civil Procedure Rules 2005 rr 33.4, 33.11
A v Z [2007] NSWSC 899 ACP Magazines Pty Ltd v Motion [2000] NSWSC 1169, [34]; Re Bauhaus Pyrmont Darcey v Pre-Term Foundation Clinic [1983] 2 NSWLR 497 Deposit & Investment Co Limited (Receivers Appointed) v Peat Marwick Mitchell & Co (1996) 39 NSWLR 267 CASES CITED : J Aron Corporation v Newmont Yandal Operations [2004] NSWSC 996 Kumagai Australia Finance v Avarton Ltd (NSWSC, Bryson J, 7 June 1991, unreported) Mancorp Pty Ltd v Baulderstone Pty Ltd (SASC, Debelle J, 5 March 1993, unreported) Marsden v Amalgamated Television Services Pty Ltd [2001] NSWSC 77 R v Barbaro (1992) 108 ACTR 1 Re Bauhaus Pyrmont Pty Ltd (in liq) [2006] NSWSC 879
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