Crawford v Crawford (No 4) [2016] NSWSC 910

Supreme Court New South Wales

Medium Neutral Citation: Crawford v Crawford (No 4) [2016] NSWSC 910 Hearing dates: 22 June 2016 Decision date: 22 June 2016 Jurisdiction: Equity - Expedition List Before: Stevenson J Decision: (1) Defendants' notice of motion of 14 June 2016 is dismissed. (2) Costs of the defendants' notice of motion be costs in the cause. Catchwords: PRACTICE AND PROCEDURE – interlocutory issues – protection against revelation of culpable conduct – affidavits sworn by defendants said to contain incriminating material – whether notice to produce is an order for production – party serving notice to produce then seeking order that such affidavits be made available or that defendants serve affidavits dealing with circumstances in which alleged culpable conduct occurred – defendants initially not opposing, but then opposing such orders – defendants willing to give evidence of their culpable conduct but only under cover of a certificate – whether defendants actually compelled to give such evidence – whether appropriate to grant certificate in those circumstances Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Crawford v Crawford (No 3) [2016] NSWSC 704 Doudar v Commissioner for Corrective Services NSW [2011] NSWSC 778 Suzlon Energy Pty Ltd v Bangad [2011] FCA 1152 Category: Procedural and other rulings Parties: Alexia Leigh Crawford (Plaintiff/Respondent) Lorraine Josephine Crawford (First Defendant/Applicant) Peter Wayne Morris (Second Defendant/Applicant) Representation: Counsel: J S Emmett (Plaintiff/Respondent) D J Barnett (Defendants/Applicants)