State of New South Wales v Monteiro (aka Lowe) (No 2) [2020] NSWSC 349

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Monteiro (aka Lowe) (No 2) [2020] NSWSC 349 Hearing dates: 23 March 2020 Date of orders: 23 March 2020 Decision date: 23 March 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: The Commissioner's claim on the basis of public interest immunity is established. Catchwords: EVIDENCE — privileges — public interest immunity — applicant produced documents pursuant to order under Crimes (High Risk Offenders) Act 2006 (NSW) s 25 — objection to disclosure of redacted material in documents — protection of police sources and informants — balancing of public interests Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 9, 10A, 10C, 11 Evidence Act 1995 (NSW), s 130 Cases Cited: Alister v R (1984) 154 CLR 404 Attorney General (NSW) v Lipton [2012] NSWCCA 156; 224 A Crim R 177 Attorney-General for New South Wales v Stuart (1994) 34 NSWLR 667 Cane v Glass (No 2) (1985) 3 NSWLR 230 Marks v Beyfus (1890) 25 QBD 494 Sankey v Whitlam (1978) 142 CLR 1 State of New South Wales v Public Transport Ticketing Corporation [2011] NSWCA 60 Category: Procedural and other rulings Parties: Commissioner of Police, NSW Police Force (Applicant) State of New South Wales (Plaintiff) Simon Monteiro (aka Simon Lowe) (Defendant) Representation: Counsel: T Glover (Applicant)

Solicitors: Crown Solicitor's Office (Applicant and Plaintiff)