Doudar v Commissioner for Corrective Services NSW [2011] NSWSC 778

Supreme Court New South Wales

Medium Neutral Citation: Doudar v Commissioner for Corrective Services NSW [2011] NSWSC 778 Hearing dates: 21 July 2011 Decision date: 29 July 2011 Jurisdiction: Common Law Before: Davies J Decision: (1) Order that the Defendant is not required to produce in answer to the Notice to Produce of 25 May 2011 or otherwise: (a) intelligence report 1037.09 dated 2 July 2009; (b) intelligence report 032.RMPC dated 17 July 2009; (c) an unredacted incident report of F Cunningham, Assistant Superintendent, dated 18 July 2009; (d) unredacted file note of B Mood, Superintendent dated 20 July 2009. (2) Order that the confidential affidavit of Michael Allen John Hovey sworn 5 July 2011 and confidential exhibit MH1 are not to be made available to any person apart from the Defendant and his legal advisors without the leave of a judge of the Court. (3) Dismiss the Plaintiff's Notice of Motion filed 24 June 2011. (4) Order that the Plaintiff pay the Defendant's costs of the Notice of Motion. Catchwords: PRACTICE AND PROCEDURE - Notice to Produce - public interest immunity - proceedings for judicial review of exclusion order by Commissioner for Corrective Services - claim for public interest immunity over some documents relied upon by the Commissioner for his decision - whether s 130 Evidence Act applies - whether information and documents concern "matters of state" - balancing exercise between public interest in disclosure and preserving confidentiality - claim of public interest immunity upheld. Legislation Cited: Evidence Act 1995 Uniform Civil Procedure Rules Cases Cited: Attorney-General for NSW v Stuart (1994) 34 NSWLR 667 Cain v Glass (No. 2) (1985) 3 NSWLR 230 Commonwealth v Northern Land Council [1993] 176 CLR 604 DPP v Smith (1996) 86 A Crim R 308 National Crime Authority v Gould (1989) 23 FCR 191 Nicopoulos v Commissioner for Corrective Services [2004] NSWSC 562 State of Victoria v Brazel [2008] VSCA 37 Young v Quin (1985) 4 FCR 483 Category: Procedural and other rulings Parties: Nanci Doudar (Plaintiff) Commissioner for Corrective Services NSW (Defendant) Representation: K Edwards (Plaintiff) R Bhalla (Defendant) Legal Aid Commission of NSW (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2011/174759