NSW Caselaw
New South Wales Supreme Court
CITATION : R (Cth) v Petroulias (No. 24) [2007] NSWSC 783
HEARING DATE(S) : 10 and 11 July 2007
JUDGMENT DATE : 12 July 2007
JUDGMENT OF : Johnson J at 1
DECISION : 1. Client legal privilege with respect to Documents 2 to 11 in MFI33 has been lost by operation of s.122 Evidence Act 1995; 2. The Crown and the Accused are granted access to the documents contained in MFI33, including photocopy access.
CATCHWORDS : CRIMINAL LAW - trial on indictment before Supreme Court - Crown witness retained solicitor for advice in 2000 - witness then considering whether to provide induced statement to investigating police - after legal advice, witness gives induced statement to police - witness gives evidence for Crown at committal proceedings and trials with benefit of an undertaking under s.9(6) Director of Public Prosecutions Act 1983 (Cth) - subpoena directed to former solicitor of witness seeking production of solicitor's file - claim of client legal privilege - whether client legal privilege existed under s.118 Evidence Act 1995 - whether client legal privilege lost by operation of s.122 Evidence Act 1995 - witness gives evidence in 2001, 2005 and 2007 and volunteers otherwise confidential communications - relevance of witness not being informed of his right to object under s.132 Evidence Act 1995 - held that client legal privilege lost
LEGISLATION CITED : Evidence Act 1995
R (Cth) v Petroulias (No. 1) [2006] NSWSC 788 R (Cth) v Petroulias (No. 9) [2007] NSWSC 84 R (Cth) v Petroulias (No. 22) [2007] NSWSC 692 Libke v The Queen [2007] HCA 30 Daniels Corporation International Pty Limited v Australian Competition and Consumer Commission [2002] 213 CLR 543 Chen v City Convenience Leasing Pty Limited [2005] NSWCA 297 CASES CITED : Firns v Tzovaras [2006] NSWSC 925 Avanes v Marshall [2007] NSWSC 191 New Cap Reinsurance Corporation Limited (In Liq) v Renaissance Reinsurance Limited [2007] NSWSC 258 Fisher v Marin [2007] NSWSC 473 R v Ahmed [2001] NSWCCA 450 R v Parkes (2003) 147 A Crim R 450 Global Medical Imaging Management Limited (In Liq) v Australian Mezzanine Investments Pty Limited [2003] NSWSC 430 Australian Competition and Consumer Commission v George Weston Foods Limited (2003) 129 FCR 298
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