SD v NSW Crime Commission [2012] NSWSC 1642

Supreme Court New South Wales

Medium Neutral Citation: SD v NSW Crime Commission [2012] NSWSC 1642 Hearing dates: 11 October 2012 Decision date: 18 October 2012 Before: Adamson J Decision: (1) The decision of the Commission made on 15 August 2012 that the plaintiff is not entitled to refuse to answer the two questions put to him to which he objected is affirmed. (2) The summons is otherwise dismissed. (3) Unless an application for a different order for costs is made within seven days of the date of this order, order the plaintiff to pay the Commission's costs. Catchwords: CRIMINAL LAW - criminal practice - examinations pursuant to the New South Wales Crime Commission Act 1985 - application for review of decision that examinee before the NSW Crime Commission is not entitled to refuse to answer questions - whether the requirement that an examinee before the NSW Crime Commission answer questions infringed his privilege against self incrimination - meaning of "reasonable excuse" within s 18 of the Act Legislation Cited: - Royal Commissions Act 1902 (Cth) - Crimes Act 1900 - New South Wales Crime Commission Act 1985 - Commissions of Inquiry Act 1950 (Qld) Cases Cited: - R v CB; MP v R [2011] NSWCCA 264 - Ganin v NSW Crime Commission (1993) 32 NSWLR 423 - Z v NSW Crime Commission (No 2) [2005] NSWSC 1388 - R v Seller; R v McCarthy [2012] NSWSC 934 - Sorby v Commonwealth [1983] HCA 10; 152 CLR 281 - Hamilton v Oades [1989] HCA 21; 166 CLR 486 - Australian Crime Commission v OK [2010] FCAFC 61; 268 ALR 281 Category: Interlocutory applications Parties: SD (Plaintiff) NSW Crime Commission (Defendant) Representation: Counsel: D Miralis (sol) Plaintiff I Temby QC/P English (Defendant) Solicitors: Nyman Gibson Stewart (Plaintiff) NSW Crime Commission (Defendant) File Number(s): 2012/255766 Publication restriction: None