R v Cooper [2014] NSWSC 412

R v Cooper [2014] NSWSC 412

Because the documents were produced to the court under a false impression that an order to produce had been made, but no such order was in effect, the application for access must be dismissed and the materials returned to the producing department.

Jurisdiction
Australia
Judgment Date
04 April 2014
Procedural Posture
Interlocutory Application / Application for Access to Documents
Outcome
Application dismissed
Legal Topics
['production of Documents' 'access to Evidence' 'court Orders']
['criminal Law' 'procedure'] ['production of Documents' 'access to Evidence' 'court Orders']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Access to Documents

Legal Issues

  1. 1 ['Whether the applicant is entitled to access documents produced to the court under a purported court order' 'Whether documents should be returned to the producing department']

Ratio Decidendi

Because the documents were produced to the court under a false impression that an order to produce had been made, but no such order was in effect, the application for access must be dismissed and the materials returned to the producing department.

Court Disposition

Application dismissed

Orders

  • ['The application for access is dismissed.' 'The material produced to the court by the Department for Education and Child Development - Families SA be returned, together with a copy of these reasons.']