Obeid v Ipp [2015] NSWSC 1755

Obeid v Ipp [2015] NSWSC 1755

Public interest immunity applies to the redacted part of the search warrant application; confidentiality regime not appropriate, as the relevant information is material but not critical to the Plaintiffs' case and disclosure poses a risk to safety and matters of state outweighing the public interest in production.

Parties
First Plaintiff: Edward Moses Obeid Snr; Second Plaintiff: Moses Edward Obeid; Third Plaintiff: Paul Edward Obeid; Fourth Plaintiff: Edward Joseph Obeid Jnr; First Defendant: The Honourable David Andrew Ipp; Second Defendant: Geoffrey Maurice Watson; Third Defendant: Sharon Loder; Fourth Defendant: Timothy Fox; Fifth Defendant: Lisa Stockley; Sixth Defendant: Grant Lockley; Seventh Defendant: Roy Waldon; Eighth Defendant: Paul Grainger; Ninth Defendant: Darren Curd; Tenth Defendant: State of New South Wales; Eleventh Defendant: Independent Commission Against Corruption
Jurisdiction
Australia
Judgment Date
03 December 2015
Procedural Posture
Declaratory and Damages Claim / Interlocutory Motion Regarding Production of Documents and Public Interest Immunity
Outcome
Public interest immunity upheld for redacted part of search warrant application; production and further prayers refused
Legal Topics
Public Interest Immunity, Production of Documents, Matters of State, Confidentiality, Search Warrants
Evidence Law Administrative Law Procedure Public Interest Immunity Production of Documents Matters of State Confidentiality Search Warrants

Case Brief

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Parties

Edward Moses Obeid Snr

First Plaintiff

Moses Edward Obeid

Second Plaintiff

Paul Edward Obeid

Third Plaintiff

Edward Joseph Obeid Jnr

Fourth Plaintiff

The Honourable David Andrew Ipp

First Defendant

Geoffrey Maurice Watson

Second Defendant

Sharon Loder

Third Defendant

Timothy Fox

Fourth Defendant

Lisa Stockley

Fifth Defendant

Grant Lockley

Sixth Defendant

Roy Waldon

Seventh Defendant

Paul Grainger

Eighth Defendant

Darren Curd

Ninth Defendant

State of New South Wales

Tenth Defendant

Independent Commission Against Corruption

Eleventh Defendant

Procedural Posture

Declaratory and Damages Claim / Interlocutory Motion Regarding Production of Documents and Public Interest Immunity

Legal Issues

  1. 1 Whether public interest immunity applies to the redacted part of the search warrant application
  2. 2 Whether the Plaintiffs' Notice to Produce should be set aside
  3. 3 Whether production should be allowed on a confidentiality regime

Ratio Decidendi

Public interest immunity applies to the redacted part of the search warrant application; confidentiality regime not appropriate, as the relevant information is material but not critical to the Plaintiffs' case and disclosure poses a risk to safety and matters of state outweighing the public interest in production.

Court Disposition

Public interest immunity upheld for redacted part of search warrant application; production and further prayers refused

Orders

  • The claim for public interest immunity in relation to the redacted part of the application for search warrant dated 22 November 2011 referred to as Confidential Exhibit SLL-1 in the Open Affidavit of Sharon Leigh Loder sworn 11 September 2015 is upheld.
  • Set aside the Plaintiffs' Notice to Produce dated 27 August 2015.