Doyle v Commissioner of Police (No 2) [2020] NSWCA 34

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Doyle v Commissioner of Police (No 2) [2020] NSWCA 34 Hearing dates: 25 February 2020 Decision date: 05 March 2020 Before: Leeming JA Decision: 1. In spite of any other order made in the proceedings (whether in the Common Law Division or the Court of Appeal), counsel and the solicitors acting for the Commissioner of Police in these proceedings, who have given an undertaking to the Court in accordance with Order 2 below, may inspect the contents of the item known in these proceedings as item 24 (being a silver Apple MacBook owned by Mr Barbeliuk) and the image of the hard drive of item 24.

2. The respondents to provide within 7 days of today an agreed form of undertaking, or, in lieu of agreement, the undertaking they propose, to be proffered in relation to the right of access given by Order 1 above.

3. The parties to provide minutes of any further orders as agreed, or in lieu of agreement, the orders they seek, in relation to access to item 24 and the image of its hard drive, by officers of the Digital Forensics Unit of the NSW Police Force, within 7 days of today.

4. Stay the operation of Order 1 above until 2 pm on 12 March 2020.

5. List the proceedings for directions before me at 9:30 am on 2 April 2020.

6. Liberty to apply on two business days' notice. Catchwords: JUDGMENTS AND ORDERS – question of discretionary relief remitted by Court of Appeal to single Judge of Appeal – whether open to appellants to contend that respondents should not be permitted to vary interlocutory regime so as to grant access for purpose of being heard as to discretionary relief – effect of orders and reasons of Court of Appeal