Commissioner of Police v Hughes [2009] NSWCA 306

New South Wales Court of Appeal

CITATION: Commissioner of Police v Hughes [2009] NSWCA 306

HEARING DATE(S): 2 September 2009

JUDGMENT DATE: 28 September 2009

JUDGMENT OF: Ipp JA at [1]; Young JA at [2]; Handley AJA at [118]

1. Leave to appeal granted on condition: (a) That the Commissioner of Police pay the respondent's costs of the appeal in any event; (b) That should there be a further contest in connection with the subpoena the subject of this appeal on the grounds of public interest immunity, the whole of the reasonable costs of that contest will be borne by the Commissioner of Police. 2. Order that a notice of appeal be filed within seven days. DECISION: 3. Order that the appeal be allowed. 4. Order that Order 3 made by McLoughlin DCJ on 13 May 2009 be set aside. 5. Order that the subpoena issued by the respondent to the appellant on 10 December 2007 as amended on 15 May 2008 be set aside. 6. Order that the Commissioner of Police pay the respondent's costs of the appeal.

CATCHWORDS: PROCEDURE - Subpoena- Objection to production - Whether legitimate forensic purpose - Statutory privilege given to person served under UCR 1.9(3) and Dictionary read with s 170 of Police Act 1990 - Extent of privilege - Whether copies of documents which were otherwise not privileged attracted statutory privilege if copies made for the purpose of internal police investigation.

Civil Procedure Act 2005, s 56 Crown Proceedings Act 1988, s 5 LEGISLATION CITED: Law Enforcement (Controlled Operations) Act 1997 Police Act 1990, Part 8A Uniform Civil Procedure Rules 2005, Pt 1.9(3), Dictionary