Woodroffe v National Crime Authority [1999] FCA 1689

Woodroffe v National Crime Authority [1999] FCA 1689

Leave to appeal interlocutory orders was refused as the applicants failed to demonstrate error or prejudice sufficient to warrant appellate intervention. Common law principles govern pre-trial inspection of discovered documents for public interest immunity, not s 130 of Evidence Act 1995 (Cth). Cross-examination of deponent was properly refused per established discretion and relevant authorities.

Parties
Applicant: Jennifer Jean Woodroffe; Applicant: JAJ Hotels Pty Ltd; First Respondent: National Crime Authority; Second Respondent: Deputy Commissioner of Taxation; Third Respondent: Mark Williams
Jurisdiction
Australia
Judgment Date
03 December 1999
Procedural Posture
Appeal / Application for Leave to Appeal Interlocutory Orders
Outcome
Leave to appeal refused
Legal Topics
Discovery, Public Interest Immunity, Evidence, Interlocutory Appeals
Civil Procedure Discovery Public Interest Immunity Evidence Interlocutory Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Jennifer Jean Woodroffe

Applicant

JAJ Hotels Pty Ltd

Applicant

National Crime Authority

First Respondent

Deputy Commissioner of Taxation

Second Respondent

Mark Williams

Third Respondent

Procedural Posture

Appeal / Application for Leave to Appeal Interlocutory Orders

Legal Issues

  1. 1 Whether leave to appeal interlocutory orders should be granted
  2. 2 Whether common law or Evidence Act 1995 (Cth) s 130 governs pre-trial inspection of documents subject to public interest immunity
  3. 3 Whether deponent supporting public interest immunity claim should be examined on affidavit

Ratio Decidendi

Leave to appeal interlocutory orders was refused as the applicants failed to demonstrate error or prejudice sufficient to warrant appellate intervention. Common law principles govern pre-trial inspection of discovered documents for public interest immunity, not s 130 of Evidence Act 1995 (Cth). Cross-examination of deponent was properly refused per established discretion and relevant authorities.

Court Disposition

Leave to appeal refused

Orders

  • Applicants' application for leave to appeal interlocutory orders is dismissed