SG v New South Wales Crime Commission (No 2) [2018] NSWSC 600

Supreme Court New South Wales

Medium Neutral Citation: SG v New South Wales Crime Commission (No 2) [2018] NSWSC 600 Hearing dates: 15 March 2017 Date of orders: 07 May 2018 Decision date: 07 May 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) The motion of the first defendant, New South Wales Crime Commission, under the Court's equitable jurisdiction is dismissed in its entirety;

(2) The first defendant shall pay the plaintiff's costs of and incidental to that motion. Catchwords: PRACTICE & PROCEDURE – Reliance on equitable jurisdiction to dismiss proceedings and to enjoin plaintiff from using certain legal representatives – basis for dismissal impossible to make out – other orders relying on 3rd party's alleged breach of confidentiality and/or secrecy provisions require separate proceedings to which third party would need to be defendant and cannot be persuaded as interlocutory proceeding in this matter. Legislation Cited: Crime Commission Act 2012 (NSW), s 80 Cases Cited: Haviland v McLeary [1894] NSWLawRp 1; (1894) 15 LR (NSW) (Eq) 22 New South Wales Crime Commission v SG [2017] NSWCA 102 Phillips v Walsh (1990) 20 NSWLR 206 Re Jay-O-Bees; Rosseau v Jay-O-Bees (2004) 50 ACSR 565; [2004] NSWSC 818 SG v New South Wales Crime Commission [2016] NSWSC 1615 Category: Principal judgment Parties: SG (Plaintiff) New South Wales Crime Commission (First Defendant) State of New South Wales (Second Defendant) Representation: Counsel: S Hartford Davis (Plaintiff) B Mostafa (First Defendant)