Kazal v Independent Commission Against Corruption [2018] NSWSC 1370

Supreme Court New South Wales

Medium Neutral Citation: Kazal v Independent Commission Against Corruption [2018] NSWSC 1370 Hearing dates: 26 April 2018 Date of orders: 07 September 2018 Decision date: 07 September 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) The Notice to Produce dated 26 February 2018 served on the first defendant is set aside.

(2) The Notice to Produce dated 26 February 2018 served on the third defendant is set aside.

(3) The Plaintiff is to pay the costs of the first and third defendants in respect of the Notices of Motion filed 23 March 2018 by those defendants. Catchwords: CIVIL PROCEDURE – notices to produce – before hearing – grounds for resisting – application to set aside notices to produce issued in relation to plaintiff's claim for damages for alleged misfeasance in public office – whether notices lacked legitimate forensic purpose – where pleadings did not plead claim against third defendant – whether s 111 of the Independent Commission Against Corruption Act exempted production of documents "in any court" – whether notices complied with UCPR r 21.10 – whether notices were oppressive to third defendant Legislation Cited: Crime Commission Act 2012 (NSW) s 80 Crown Proceedings Act 1988 (NSW) s 5 Independent Commission Against Corruption Act 1988 (NSW) ss 8, 9, 111 Supreme Court Rules 1970 (NSW) pt 23, r 2 Uniform Civil Procedure Rules 2005 (NSW) r 21.10 Cases Cited: A v Independent Commission Against Corruption [2014] NSWCA 414 In the matter of One.Tel Ltd (in liq) - SingTel Optus Pty Ltd v Weston [2010] NSWSC 1491 Norris v Kandiah [2007] NSWSC 1296 NSW Commissioner of Police v Tuxford [2002] NSWCA 139 Obeid v Ipp [2015] NSWSC 1755 Penrith Rugby League Club Ltd v Brown [2004] NSWSC 1182 SA v New South Wales Crime Commission [2015] NSWSC 1979 The Commissioner for Railways v Small (1938) 38 SR 564 Texts Cited: Nil Category: Procedural and other rulings Parties: Charif Kazal (Plaintiff) Independent Commission Against Corruption (NSW) (First Defendant) The Honourable David Ipp QC (Second Defendant) State of New South Wales (Third Defendant) Representation: Counsel: In person (Plaintiff) Z Heger (First & Third Defendants) No appearance (Second Defendant)