McCloy v The Honourable Megan Latham [2015] NSWSC 1782
The use sought to be made of the report would invite the drawing of inferences or conclusions regarding the Commissioner’s state of mind or motives, a use directly prohibited by the principle of parliamentary privilege as declared by s 16(3) of the Parliamentary Privileges Act 1987 (Cth) and the general law. Therefore, the evidence is inadmissible.
- Jurisdiction
- Australia
- Judgment Date
- 12 November 2015
- Procedural Posture
- Application / Interlocutory Ruling on Evidence Admissibility
- Outcome
- Tender of the report of the Parliamentary Committee is rejected.
- Legal Topics
- ['parliamentary Privilege' 'admissibility of Evidence' 'apprehended Bias' 'icac Proceedings']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application / Interlocutory Ruling on Evidence Admissibility
Legal Issues
- 1 ['Whether the report of a parliamentary committee containing evidence given by the Commissioner is admissible in court proceedings in light of parliamentary privilege under general law and s 16 of the Parliamentary Privileges Act 1987 (Cth).']
Ratio Decidendi
The use sought to be made of the report would invite the drawing of inferences or conclusions regarding the Commissioner’s state of mind or motives, a use directly prohibited by the principle of parliamentary privilege as declared by s 16(3) of the Parliamentary Privileges Act 1987 (Cth) and the general law. Therefore, the evidence is inadmissible.
Court Disposition
Tender of the report of the Parliamentary Committee is rejected.
Orders
- ['Reject tender of report of Parliamentary Committee.']
Full Case Text
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