Nash v Glennies Creek Coal Management Pty Ltd (No 7) [2014] NSWIC 5

Nash v Glennies Creek Coal Management Pty Ltd (No 7) [2014] NSWIC 5

The Court is bound to apply the answers provided by the Full Bench to the questions referred in the stated case, leading to the conclusion that previous findings in Nash No 2 regarding waiver of privilege and public interest immunity must be set aside or varied in accordance with those answers; disclosure of documents sought by the respondents is no longer justified due to legislative validation.

Parties
Applicant on the Motion: Director General, Department of Trade and Investment, Regional Infrastructure and Services; Prosecutor in the Substantive Proceedings: Jennifer Anne Nash; Respondent on the Motion/defendant in the Substantive Proceedings: Glennies Creek Coal Management Pty Ltd; Respondent on the Motion/defendant in the Substantive Proceedings: Integra Coal Operations Pty Ltd
Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Interlocutory Application / Post Stated Case, Directions Issued
Outcome
Directions issued; parties to file short minutes of order to reflect effect of judgment on orders in Nash No 2; further written submissions on costs invited.
Legal Topics
Client Legal Privilege, Public Interest Immunity, Waiver of Privilege, Interlocutory Appeal, Disclosure of Documents, Doctrine of Precedent, Costs
Employment Law Administrative Law Criminal Law Client Legal Privilege Public Interest Immunity Waiver of Privilege Interlocutory Appeal Disclosure of Documents +2 more

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Parties

Director General, Department of Trade and Investment, Regional Infrastructure and Services

Applicant on the Motion

Jennifer Anne Nash

Prosecutor in the Substantive Proceedings

Glennies Creek Coal Management Pty Ltd

Respondent on the Motion/defendant in the Substantive Proceedings

Integra Coal Operations Pty Ltd

Respondent on the Motion/defendant in the Substantive Proceedings

Procedural Posture

Interlocutory Application / Post Stated Case, Directions Issued

Legal Issues

  1. 1 Whether the Court is bound to implement answers provided by the Full Bench in a stated case under s 196 Industrial Relations Act 1996 and s 5AE Criminal Appeal Act 1912
  2. 2 Scope and application of waiver of client legal privilege under s 122 Evidence Act 1995
  3. 3 Principles and application of public interest immunity in relation to disclosure of documents in criminal proceedings

Ratio Decidendi

The Court is bound to apply the answers provided by the Full Bench to the questions referred in the stated case, leading to the conclusion that previous findings in Nash No 2 regarding waiver of privilege and public interest immunity must be set aside or varied in accordance with those answers; disclosure of documents sought by the respondents is no longer justified due to legislative validation.

Court Disposition

Directions issued; parties to file short minutes of order to reflect effect of judgment on orders in Nash No 2; further written submissions on costs invited.

Orders

  • Parties to file short minutes of order within seven days reflecting effect of the judgment on prior orders.
  • Defendants to file and serve written submissions on costs within seven days; Department and prosecutor to reply within seven days.