Obeid v Ipp [2015] NSWSC 1755

Supreme Court New South Wales

Medium Neutral Citation: Obeid v Ipp [2015] NSWSC 1755 Hearing dates: 6 November 2015 Date of orders: 03 December 2015 Decision date: 03 December 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. The claim for public interest immunity in relation to the redacted part of the application for search warrant dated 22 November 2011 referred to as Confidential Exhibit SLL-1 in the Open Affidavit of Sharon Leigh Loder sworn 11 September 2015 is upheld;

2. Set aside the Plaintiffs' Notice to Produce dated 27 August 2015;

3. Refuse prayers 8 and 9 in the Plaintiffs' Notice of Motion filed 6 November 2015. Catchwords: EVIDENCE – documents – production of documents –production required by Plaintiffs in support of their case - public interest immunity – matters of state - three stage test – whether appropriate to permit document to be made available to Plaintiffs' or their lawyers on a confidentiality basis – document material but not critical to Plaintiffs' case – public interest immunity upheld Legislation Cited: Evidence Act 1995 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Law Enforcement (Powers and Responsibilities) Regulation 2005 (NSW) Cases Cited: Alfred Crompton Amusement Machines Ltd v Customs and Excise Commissioners (No. 2) [1974] AC 405 Alister v The Queen (1984) 154 CLR 404 Attorney General v Kaddour & Turkmani [2001] NSWCCA 456 Attorney General (NSW) v Lipton [2012] NSWCCA 156; 224 A Crim R 177 DPP v Smith (1996) 86 A Crim R 308 Hilton v Wells (1985) 15 A Crim R 418; 5 FCR 296 Kanthal Australia Pty Limited v The Minister For Industry, Technology And Commerce (1987) 14 FCR 90 NCA v Gould (1989) 90 ALR 489 Sankey v Whitlam (1978) 142 CLR 1 Category: Procedural and other rulings Parties: Edward Moses Obeid Snr (First Plaintiff) Moses Edward Obeid (Second Plaintiff) Paul Edward Obeid (Third Plaintiff) Edward Joseph Obeid Jnr (Fourth Plaintiff) The Honourable David Andrew Ipp (First Defendant) Geoffrey Maurice Watson (Second Defendant) Sharon Loder (Third Defendant) Timothy Fox (Fourth Defendant) Lisa Stockley (Fifth Defendant) Grant Lockley (Sixth Defendant) Roy Waldon (Seventh Defendant) Paul Grainger (Eighth Defendant) Darren Curd (Ninth Defendant) State of New South Wales (Tenth Defendant) Independent Commission Against Corruption (Eleventh Defendant) Representation: Counsel: CRC Newlinds SC, S Chrysanthou & A O'Brien (Plaintiff) S Free (First Defendant) D A McLure SC & P Sharp (Second Defendant) J J Hutton (Third to Fifth Defendants, Seventh to Tenth Defendants except re prayers 8, 9 & 10) R Bhalla (Third to Fifth Defendants, Seventh to Tenth Defendants re prayers 8, 9 & 10) R S Scruby (Sixth Defendant) J K Kirk SC (Eleventh Defendant)