Trajkovski v R K Findlay P/L & Anor [2002] NSWSC 581

Trajkovski v R K Findlay P/L & Anor [2002] NSWSC 581

Although the defendants identified legitimate forensic purposes sufficient for the Court to inspect the police records, inspection of the Australian Federal Police and New South Wales Police records revealed no relevant convictions or entries concerning importation of motor vehicles, improper registration, avoiding import duty, or importing parts rather than the whole vehicle; access was therefore refused and the Assistant Registrar's decision was affirmed.

Jurisdiction
Australia
Judgment Date
01 July 2002
Procedural Posture
Review of Assistant Registrar's Decision Concerning Access to Documents Produced on Subpoena in Civil Proceedings / Notice of Motion Under Part 61 R 3 of the Supreme Court Rules
Outcome
The decision of Assistant Registrar Howe dated 11 March 2002 was affirmed and access to the subpoenaed police documents was not granted.
Legal Topics
["review of Registrar's Decision" 'access to Police Records in Civil Proceedings' 'legitimate Forensic Purpose' 'fishing Expedition']
['civil Procedure' 'evidence' 'subpoenas'] ["review of Registrar's Decision" 'access to Police Records in Civil Proceedings' 'legitimate Forensic Purpose' 'fishing Expedition']

Case Brief

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Procedural Posture

Review of Assistant Registrar's Decision Concerning Access to Documents Produced on Subpoena in Civil Proceedings / Notice of Motion Under Part 61 R 3 of the Supreme Court Rules

Legal Issues

  1. 1 ['Whether the decision of Assistant Registrar Howe denying access to documents produced on subpoena by the Australian Federal Police and the NSW Police Service should be reviewed and set aside.' "Whether the defendants identified a legitimate forensic purpose for access to the plaintiff's police records." 'Whether it was on the cards that the subpoenaed police records would materially assist the defendants in their defence.']

Ratio Decidendi

Although the defendants identified legitimate forensic purposes sufficient for the Court to inspect the police records, inspection of the Australian Federal Police and New South Wales Police records revealed no relevant convictions or entries concerning importation of motor vehicles, improper registration, avoiding import duty, or importing parts rather than the whole vehicle; access was therefore refused and the Assistant Registrar's decision was affirmed.

Court Disposition

The decision of Assistant Registrar Howe dated 11 March 2002 was affirmed and access to the subpoenaed police documents was not granted.

Orders

  • ['The decision of Assistant Registrar Howe dated 11 March 2002 is affirmed.' 'Costs of the review are reserved.']