Zakaria (as Tutor for SA) v New South Wales Crime Commission [2016] NSWSC 506

Supreme Court New South Wales

Medium Neutral Citation: Zakaria (as Tutor for SA) v New South Wales Crime Commission [2016] NSWSC 506 Hearing dates: 2 February 2016 Date of orders: 26 April 2016 Decision date: 26 April 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Summons dismissed;

(2) The plaintiff shall pay the first defendant's costs of and incidental to the proceedings, as agreed or assessed;

(3) Leave is reserved to either party to apply for a different or special order for costs, notwithstanding the terms of Order 2 above. Such an application will be made within 14 days of the date of these reasons. The application and submission in support shall be no more than 10 pages and be accompanied by any document, not otherwise in evidence, on which the party relies. Any party affected by any such application shall have a further 14 days in which to respond by a submission of not more than 10 pages, which, again over and above the 10 pages, may attach any further documents not otherwise in evidence upon which it relies. Catchwords: ADMINISTRATIVE LAW – whether procedural fairness applies to the giving of evidence – whether the Plaintiff had the right to be heard before issue of the Summons to attend hearing to give evidence – procedural fairness applies to entitle the Plaintiff to be heard on any objection to the giving of evidence or to a question asked – procedural fairness does not apply to the issue of the Summons – Summons dismissed. Legislation Cited: Crime Commission Act 2012 Evidence Act 1995 Supreme Court Act 1970 Cases Cited: Annetts v McCann [1990] HCA 57; (1990) 170 CLR 596 Attorney General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 2006 CLR 323 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 R v Moodie (1977) 17 ALR 219 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; (2010) 241 CLR 252 Sullivan v Department of Transport [1978] 20 ALR 323 Swift v SAS Trustee Corporation [2010] NSWCA 182 Category: Principal judgment Parties: Dawood Zakaria (as Tutor for SA) (Plaintiff) New South Wales Crime Commission (First Defendant) Peter Hastings in his capacity as Commissioner of the New South Wales Crime Commission (Second Defendant) Representation: Counsel: S Lawrence (Plaintiff) A Shearer (Defendants)