Jean Luc Clavel & Anor v John Savage & Ors (No 3) [2010] NSWSC 5

Jean Luc Clavel & Anor v John Savage & Ors (No 3) [2010] NSWSC 5

Documents protected from admissibility by s 170 of the Police Act 1990 fall within the expanded UCPR concept of privileged documents, so the Commissioner could object to compulsory production of such documents. Other subpoena requests were struck out where the party seeking production did not show a legitimate forensic purpose.

Jurisdiction
Australia
Judgment Date
16 November 2010
Procedural Posture
Interlocutory Applications / Objection to Production Under Subpoena Directed to the Commissioner of Police
Outcome
Subpoena struck out in part; Commissioner required to file a schedule of documents said to be privileged under s 170 of the Police Act 1990.
Legal Topics
['subpoena' 'objection to Production' 'statutory Privilege' 'privileged Documents' 'legitimate Forensic Purpose' 'police Complaints Documents']
['civil Procedure' 'evidence' 'police Law'] ['subpoena' 'objection to Production' 'statutory Privilege' 'privileged Documents' 'legitimate Forensic Purpose' 'police Complaints Documents']

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Procedural Posture

Interlocutory Applications / Objection to Production Under Subpoena Directed to the Commissioner of Police

Legal Issues

  1. 1 ['Whether documents covered by s 170 of the Police Act 1990 are privileged documents for the purposes of objection to production under UCPR 1.9(3) and 1.9(4).' 'Whether the disputed paragraphs of the subpoena disclosed a legitimate forensic purpose.']

Ratio Decidendi

Documents protected from admissibility by s 170 of the Police Act 1990 fall within the expanded UCPR concept of privileged documents, so the Commissioner could object to compulsory production of such documents. Other subpoena requests were struck out where the party seeking production did not show a legitimate forensic purpose.

Court Disposition

Subpoena struck out in part; Commissioner required to file a schedule of documents said to be privileged under s 170 of the Police Act 1990.

Orders

  • ['Paragraphs (i)(i), (i)(ii), (k), (h), (r), (s)(iii), (s)(iv), (s)(v) and (u) of the subpoena struck out.' 'The Commissioner is to file a schedule of documents said to be privileged under s 170 of the Police Act 1990.']