McCausland v State NSW [2010] NSWSC 1562

New South Wales Supreme Court

CITATION : McCausland v State NSW [2010] NSWSC 1562

HEARING DATE(S) : 6 October 2010

JUDGMENT DATE : 16 December 2010

JUDGMENT OF : Latham J

(i) There be no disclosure, except for the purposes of properly conducting these proceedings, of those documents, on the basis that it would be injurious to the public interest. (ii) All copies of the documents be returned to the Crown Solicitor's Office at the end of these proceedings. DECISION : (iii) The plaintiff's legal representatives and expert provide undertakings that they will only use, publish and/or copy the documents for the purpose of these proceedings, and (iv) The Court notes that the Commissioner intends, at the substantive hearing of these proceedings, to make any application that he considers necessary to protect the public interest. I further order that there should be no publication, except for the purposes of the conduct of these proceedings, of paragraphs 24 and 25 of these reasons.

CATCHWORDS : PRACTICE AND PROCEDURE – non-publication orders – Evidence at 1995 (NSW) s130 – public interest immunity – police operating procedures – public interest in confidentiality is to be balanced against the public interest of open justice

LEGISLATION CITED : The Evidence Act 1995

CATEGORY : Procedural and other rulings

CASES CITED : Sankey v Whitlam [1978] 142 CLR 1Young v Quin [1985] 4 FCR 483D v NSPC [1978] AC 171S v State of New South Wales (No 3) [2009] NSWCA 248Commissioner of Police New South Wales v Nationwide News Pty Limited [2007] 70 NSWLR 643John Fairfax Publications Pty Limited v District Court of New South Wales [2004] NSWCA 324the Commissioner of Police New South Wales v Nationwide News Pty Limited [2007] NSWCA 366John Fairfax & Sons Limited v Police Tribunal of New South Wales [1986] 5 NSWLR 465