XYZ v State of NSW (No1) [2017] NSWDC 111

District Court New South Wales

Medium Neutral Citation: XYZ v State of NSW (No1) [2017] NSWDC 111 Hearing dates: 8, 9, 10, 11, 15, 16, 18, 19, 22 and 23 May 2017 Date of orders: 23 May 2017 Decision date: 23 May 2017 Jurisdiction: Civil Before: Judge Levy SC Decision: The question objected to at T469.44 – 470.4, and as identified at paragraph 5 of the Assistant Commissioner's open affidavit sworn on 22 May 2017, and any related line of questioning is disallowed and excluded on the ground that if answered, it may disclose, or enable a person to ascertain, the existence or identity of a confidential source of information, contrary to the public interest. Catchwords: EVIDENCE – police witness – public interest immunity – confidential information which would prejudice the public interest if disclosed Legislation Cited: Court Suppression and Non-Publication Orders Act 2010, s 7 Evidence Act 1995, s 130 Cases Cited: Alister v The Queen [1984] HCA 85; (1984) 154 CLR 404 Attorney General (NSW) v Lipton [2012] NSWCCA 156 Attorney General for NSW v Stuart (1994) 34 NSWLR 667 Cain v Glass (No 2) (1985) 3 NSWLR 230 D v National Society for the Prevention of Cruelty to Children [1978] AC 171 R v Fandakis [2002] NSWCCA 5 Sankey v Whitlam [1978] HCA 43; (1978) 142 CLR 1 Young v Quin [1985] FCA 18; (1985) 59 ALR 225 Category: Consequential orders (other than Costs) Parties: XYZ (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Ms L Evans (Plaintiff) Mr A Williams (Defendant) Mr R Lee (For Commissioner of Police/Intervenor, on 19, 22 & 23 May 2017)