Stanizzo v State of New South Wales [2018] NSWSC 2003

Supreme Court New South Wales

Medium Neutral Citation: Stanizzo v State of New South Wales [2018] NSWSC 2003 Hearing dates: 17 September 2018 Date of orders: 24 December 2018 Decision date: 24 December 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) No privilege arises in relation to the documents that evidence a communication between the complainants and the Office of the Director of Public Prosecutions;

(2) Documents for which privilege has been claimed under s 119 of the Evidence Act 1995 (NSW) shall be produced to the Court;

(3) The plaintiff, Mr Stanizzo, shall have access to such documents;

(4) The State of New South Wales shall pay the plaintiff's costs of and incidental to the motion and the claim for privilege. Catchwords: PRIVILEGE – s 119 and s 125 of the Evidence Act 1995 (NSW) – communication by complainants to DPP – claim for malicious prosecution – whether DPP is "client" – furtherance of fraud – any privilege lost Legislation Cited: Criminal Procedure Act 1986 (NSW) Crown Proceedings Act 1988 (NSW) Director of Public Prosecutions Act 1986 (NSW) Evidence Act 1995 (NSW) Law Reform (Vicarious Liability) Act 1988 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: ATH Transport v JAS (International) [2002] NSWSC 956 Kang v Kwan [2001] NSWSC 698 R v Petroulias (No 22) (2007) 213 FLR 293; [2007] NSWSC 692 Sugden v Sugden [2007] NSWCA 312 Zemanek v Commonwealth Bank of Australia (Federal Court of Australia, Hill J, 2 October 1997, unrep) Category: Procedural and other rulings Parties: Vincent Francis Stanizzo (Plaintiff/Applicant) State of New South Wales (Defendant/Respondent) Representation: Counsel: LMK Rollinson (Plaintiff/Applicant) N Newton (Defendant/Respondent)