Director of Public Prosecutions (NSW) v Izod; Director of Public Prosecutions (NSW) v Zreika [2020] NSWSC 381

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Izod; Director of Public Prosecutions (NSW) v Zreika [2020] NSWSC 381 Hearing dates: 10 February 2020 Date of orders: 09 April 2020 Decision date: 09 April 2020 Jurisdiction: Common Law Before: Simpson AJ Decision: In proceedings numbered 2019/293243 (Director of Public Prosecutions (NSW) v Michael John Izod): 1. The appeal is allowed. 2. The orders of Magistrate Atkinson made on 30 May 2019 are set aside. 3. The matter is remitted to the Local Court to be dealt with according to law. 4. The first defendant (Michael Izod) pay the plaintiff's costs of the proceedings.

In proceedings numbered 2019/293528 (Director of Public Prosecutions (NSW) v Mohammed Zreika): 1. The appeal is allowed. 2. The orders of Magistrate Atkinson made on 30 May 2019 are set aside. 3. The matter is remitted to the Local Court to be determined according to law. 4 The first defendant (Mohammed Zreika) pay the plaintiff's costs of the proceedings. Catchwords: EVIDENCE – Privileges – Client legal privilege – Loss of privilege on the basis of misconduct – Correct test to be applied – Relevant and irrelevant considerations – Whether considerations reflect an argument which, if advanced, may have affected the outcome of the determination Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes (Appeal and Review) Act 2001 (NSW), ss 56(1)(c), 59(2) Crimes Act 1900 (NSW), ss 319, 527C Evidence Act 1995 (NSW), Ch 3, Pt 3.10, Div 1, ss 118, 125 Supreme Court Act 1970 (NSW), s 69 Telecommunications (Interception of Access) Act 1979 (Cth) Uniform Civil Procedure Rules 2005 (NSW) r 59.10(2) Cases Cited: AB v Director of Public Prosecutions (NSW) [2014] NSWCA 122 Collector of Customs v Pozzolanic (1993) 43 FCR 280; [1993] FCA 456 Meagher v Stevenson (1993) NSWLR 736 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Category: Principal judgment Parties: 2019/293243 Director of Public Prosecutions (NSW) (Plaintiff) Michael John Izod (1st Defendant) Local Court of New South Wales (2nd Defendant)