Beckett v The State of New South Wales (No. 3) [2013] NSWSC 791

Supreme Court New South Wales

Medium Neutral Citation: Beckett v The State of New South Wales (No. 3) [2013] NSWSC 791 Hearing dates: 1 March 2013 Decision date: 28 June 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. The Defendant is to provide further discovery of, and to produce for inspection, the original complaints in relation to the files discovered for the purposes of categories 3 and 47 in the categories for discovery ordered by Harrison J on 27 June 2011. 2. Otherwise, dismiss the Plaintiff's Notice of Motion filed 31 October 2012. 3. No order as to costs of the Motion to the intent that the parties bear their own costs. Catchwords: PROCEDURE - discovery and interrogatories - discovery - privilege - statutory privilege under s 170 Police Act 1990 - whether documents should be produced though not admissible in evidence - definitions of privileged document and privileged information in UCPR - whether original complaints should be produced - who is a witness for the purposes of s 170 Legislation Cited: Evidence Act 1995 Police Act 1990 Police Regulation (Allegations of Misconduct) Act 1978 Uniform Civil Procedure Rules Cases Cited: Beckett v State of New South Wales [2011] NSWSC 626 Beckett v The State of New South Wales (No. 1) [2011] NSWSC 818; (2011) 210 A Crim R 105 Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 Commissioner of Police v Hughes [2009] NSWCA 306 Griffiths v State of New South Wales (Hall J, 14 September 2010, Unreported) Jean Luc Clavel v John Savage (Rothman J, 16 November 2010, Unreported) Priest v State of New South Wales [2006] NSWSC 1281 R v Saleam (1989) 16 NSWLR 14 Re Southland Coal Pty Ltd (Recs and Mgrs apptd) (in Liq) [2006] NSWSC 899; (2006) 203 FLR 1 Category: Interlocutory applications Parties: Roseanne Beckett (Plaintiff) The State of New South Wales (Defendant) Representation: Counsel: P Blacket SC & N Broadbent (Plaintiff) P Saidi & A N Williams (Defendant) Solicitors: Turner Freeman (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2008/289411