NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Abbas v NSW Commissioner of Police; Hamzy v NSW Commissioner of Police [2019] NSWSC 1841 Hearing dates: 30 January 2019; 15 February 2019; 7 March 2019; 17 May 2019; 5 August 2019; 6 August 2019; 19 September 2019; 20 September 2019; 25 September 2019; 28 September 2019; 1 November 2019. Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Common Law Before: Bellew J Decision: (1) The application made by Bassam Hamzy for an adjournment of the proceedings is refused.
(2) The application made by Bassam Hamzy that I recuse myself from the further hearing of the proceedings is refused.
(3) The proceedings brought by Bassam Hamzy are dismissed.
(4) The question of costs in respect of the proceedings brought by Bassam Hamzy is reserved.
(5) I direct the Registrar to forward a copy of this judgment to Bassam Hamzy, MIN 288121, High Risk Management Correctional Centre, Maud Street, Goulburn NSW 2580.
(6) The Commissioner of Police is restrained from further accessing or viewing, copying, disseminating or relying in any proceedings upon any of the following material seized pursuant to search warrants numbered 18/2461, 18/2460 and 18/2491:
(i) The documents numbered 1, 15, 17, 18, 19, 48, 49 and 110 in Annexure A to the Affidavit of Ali Abbas of 4 October 2019.
(7) The proceedings brought by Ali Abbas are otherwise dismissed.
(8) The costs of the proceedings brought by Ali Abbas are reserved. Catchwords: EVIDENCE – Privilege – Where one of the plaintiffs was a solicitor – Where that plaintiff has been charged with being an accessory after the fact to murder – Where police executed search warrants at the residential and business premises of the plaintiff and seized documents and electronic devices – Claims for legal professional privilege in respect of some of the material seized – Appropriate for the Court to examine the material over which claims were made - Claims determined
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