Nadere v State of New South Wales [2015] NSWDC 336

Nadere v State of New South Wales [2015] NSWDC 336

There has been no waiver of legal professional privilege by the Director of Public Prosecutions through internal communications or recording advice in the police operating system; privilege is maintained pursuant to the Evidence Act 1995 (NSW) and relevant case law.

Jurisdiction
Australia
Judgment Date
20 November 2015
Procedural Posture
Civil / Notice of Motion
Outcome
Notice of motion dismissed; plaintiff to pay defendant's costs.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege']
['evidence'] ['legal Professional Privilege' 'waiver of Privilege']

Case Brief

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Procedural Posture

Civil / Notice of Motion

Legal Issues

  1. 1 ["Whether legal professional privilege on advice given to discontinue a prosecution was waived by part of advice being recorded on 'COPS'"]

Ratio Decidendi

There has been no waiver of legal professional privilege by the Director of Public Prosecutions through internal communications or recording advice in the police operating system; privilege is maintained pursuant to the Evidence Act 1995 (NSW) and relevant case law.

Court Disposition

Notice of motion dismissed; plaintiff to pay defendant's costs.

Orders

  • ['Notice of motion filed 14 October 2015 dismissed.' "Plaintiff to pay the defendant's costs." "Exhibit 2-2 to be marked and returned to the defendant's solicitor."]