The State of New South Wales v McCarthy [2015] NSWSC 1780

Supreme Court New South Wales

Medium Neutral Citation: The State of New South Wales v McCarthy [2015] NSWSC 1780 Hearing dates: 20 November 2015 Date of orders: 27 November 2015 Decision date: 27 November 2015 Jurisdiction: Common Law Before: Fagan J Decision: Leave is granted to the plaintiff to disclose the reports of Dr Anthony Samuels dated 10 and 24 November 2009 and of Dr Samson Roberts dated 5 November 2009 (2 reports) to Professor D M Greenburg for use by him as he may see fit in the preparation of a psychiatric assessment of the defendant relative to sentence proceedings in the Local Court. Catchwords: PRACTICE AND PROCEDURE – application for use of documents produced for other proceedings – documents provided to Court according to statutory regime – Crimes (High Risk Offenders) Act 2006 (NSW)

PRACTICE AND PROCEDURE – application for release from implied undertaking to use documents produced for another proceedings – implied undertaking – documents produced by strangers to proceedings – public domain – whether special circumstances warrant release – public interest Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Serious Sex Offenders) Act 2006 (NSW) Health Services Act 1997 (NSW) Cases Cited: Ainsworth v Hanrahan (1991) 25 NSWLR 155 Australian Trade Commission v Deputy President McMahon (1997) 73 FCR 211 British American Tobacco Australia Services Ltd v Cowell [2003] VSCA 43 Esso Australia Resources Ltd v Plowman [1995] HCA 19; (1995) 183 CLR 10 Harman v Secretary of State for Home Office [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125 Liberty Funding Pty Ltd v Phoenix Capital Pty Ltd [2005] FCAFC 3; (2005) 218 ALR 283 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 110 ALR 685 State of New South Wales v McCarthy [2009] NSWSC 1407 Welfare v Birdon Sands Pty Ltd (1997) 79 FCR 220 Category: Principal judgment Parties: The State of New South Wales (Plaintiff) Rodney Raymond McCarthy (Defendant) Representation: Counsel: Georgina Wright (Plaintiff) Matthew Johnston SC (Defendant)