Stanizzo v State of New South Wales [2018] NSWSC 2003

Stanizzo v State of New South Wales [2018] NSWSC 2003

Privilege claimed over documents is lost under s 125 of the Evidence Act 1995 (NSW) because there are reasonable grounds for finding that communications between complainants and DPP were made in furtherance of fraud or abuse of power; thus, documents must be produced and access granted to plaintiff.

Jurisdiction
Australia
Judgment Date
24 December 2018
Procedural Posture
Civil Motion Concerning Privilege in Malicious Prosecution Claim / Interlocutory Ruling on Privilege and Production of Documents
Outcome
Privilege claim rejected; documents to be produced, plaintiff given access, defendant to pay costs.
Legal Topics
['legal Professional Privilege' 'malicious Prosecution' 'disclosure Obligations' 'loss of Privilege for Misconduct']
['evidence' 'tort Law' 'criminal Procedure'] ['legal Professional Privilege' 'malicious Prosecution' 'disclosure Obligations' 'loss of Privilege for Misconduct']

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Procedural Posture

Civil Motion Concerning Privilege in Malicious Prosecution Claim / Interlocutory Ruling on Privilege and Production of Documents

Legal Issues

  1. 1 ['Whether privilege arises as claimed under s 119 Evidence Act 1995 (NSW) for documents evidencing communications between complainants and DPP' 'Whether any privilege is lost by operation of s 125 Evidence Act 1995 (NSW) due to alleged fraud or abuse of power']

Ratio Decidendi

Privilege claimed over documents is lost under s 125 of the Evidence Act 1995 (NSW) because there are reasonable grounds for finding that communications between complainants and DPP were made in furtherance of fraud or abuse of power; thus, documents must be produced and access granted to plaintiff.

Court Disposition

Privilege claim rejected; documents to be produced, plaintiff given access, defendant to pay costs.

Orders

  • ['No privilege arises in relation to the documents that evidence a communication between the complainants and the Office of the Director of Public Prosecutions.' 'Documents for which privilege has been claimed under s 119 of the Evidence Act 1995 (NSW) shall be produced to the Court.' 'The plaintiff, Mr Stanizzo,...