SA v New South Wales Crime Commission [2015] NSWSC 1979

Supreme Court New South Wales

Medium Neutral Citation: SA v New South Wales Crime Commission [2015] NSWSC 1979 Hearing dates: 1 December 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction: Common Law - Administrative Law Before: Fagan J Decision: 1. The plaintiff's notice of motion filed 16 October 2015 is dismissed. 2. The plaintiff is to pay the defendant's costs of the notice of motion. 3. The costs payable under Order 2 are fixed at $8,800 inclusive of $800 in GST pursuant to s 98(4)(c) Civil Procedure Act 2005. 4. The plaintiff is to pay the costs awarded under Order 3 within 28 days. Catchwords: ADMINISTRATIVE LAW – judicial review – decision of Crime Commission to issue examination summons – application for copy of decision and statement of reasons – Uniform Civil Procedure Rules 2005 (NSW) r 59.9 – Crime Commission Act 2012 (NSW) s 24 – whether Crime Commission is required to provide copy of decision and reasons – secrecy provisions exempting production of document "in any court" – Crime Commission Act 2012 (NSW) s 80(3) – Court's discretion to make order – confidential nature of examination – no requirement for administrative body to give reasons – procedural fairness – public interest immunity

WORDS AND PHRASES – "to produce in any court" – Crime Commission Act 2012 (NSW) s 80(3)

COSTS – prospects of success – merits of application Legislation Cited: Crime Commission Act 2012 (NSW) Evidence Act 1995 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: "A" v Independent Commission Against Corruption [2014] NSWSC 1167 A v Independent Commission Against Corruption [2014] NSWCA 414 Alister v R (1984) 154 CLR 404 Beneficial Finance Corp Ltd v Australian Federal Police Commissioner (1991) 52 A Crim R 423; 31 FCR 523 Cunneen and Ors v Independent Commission Against Corruption [2014] NSWSC 1571 Cunneen v Independent Commission Against Corruption [2014] NSWCA 421 Kioa v West (1985) 159 CLR 550 Public Service Board of NSW v Osmond [1986] HCA 7; (1986) 159 CLR 656 Young v Quin (1985) 59 ALR 225 Category: Principal judgment Parties: SA (Plaintiff) New South Wales Crime Commission & Anor (Defendants) Representation: Counsel: Stephen Lawrence (Plaintiff) Alan Shearer (Defendants)