Application concerning Section 80 of the Supreme Court Act and Sections 119 and 128 of the Evidence Act [2004] NSWSC 614

Application concerning Section 80 of the Supreme Court Act and Sections 119 and 128 of the Evidence Act [2004] NSWSC 614

Edited versions of reasons for rulings on evidence should be prepared and published, as open justice is generally overriding, but identities and confidential evidence must be protected. Objection to a question was upheld under section 128 Evidence Act as it may tend to prove commission of offences in Australia or the UK. Client legal privilege and common interest privilege were accepted as grounds to reject tender of certain documents under section 119 Evidence Act.

Jurisdiction
Australia
Judgment Date
01 July 2004
Procedural Posture
Application / Interlocutory Rulings on Admissibility and Privilege
Outcome
Order made for limited publication of edited rulings. Objection to question upheld under self-incrimination privilege. Tender of certain documents rejected under client legal and common interest privilege.
Legal Topics
Closed Court Proceedings, Publication of Reasons, Privilege, Common Interest Privilege, Privilege Against Self Incrimination
Evidence Practice and Procedure Closed Court Proceedings Publication of Reasons Privilege Common Interest Privilege Privilege Against Self Incrimination

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Procedural Posture

Application / Interlocutory Rulings on Admissibility and Privilege

Legal Issues

  1. 1 Whether reasons for evidentiary rulings given in closed court should be published
  2. 2 Application of privilege against self-incrimination to a witness under section 128 of the Evidence Act 1995
  3. 3 Application of client legal privilege and common interest privilege under section 119 of the Evidence Act 1995

Ratio Decidendi

Edited versions of reasons for rulings on evidence should be prepared and published, as open justice is generally overriding, but identities and confidential evidence must be protected. Objection to a question was upheld under section 128 Evidence Act as it may tend to prove commission of offences in Australia or the UK. Client legal privilege and common interest privilege were accepted as grounds to reject tender of certain documents under section 119 Evidence Act.

Court Disposition

Order made for limited publication of edited rulings. Objection to question upheld under self-incrimination privilege. Tender of certain documents rejected under client legal and common interest privilege.

Orders

  • Publication of edited versions of reasons for evidentiary rulings, with suppression of identifying/confidential material.
  • Objection to question to Mr X upheld; witness not required to answer under section 128 Evidence Act.