Z v N (No 2) [2005] NSWCA 316

Z v N (No 2) [2005] NSWCA 316

Disclosure of the requested information in a private hearing of the Commission, protected by statutory secrecy provisions and criminal sanctions, did not constitute grounds for reasonable excuse under s18(2) for refusing to answer, in these particular circumstances.

Parties
Claimant: Z; Opponent: N
Jurisdiction
Australia
Judgment Date
15 September 2005
Procedural Posture
Appeal / Application for Leave to Appeal — Decision on Summons
Outcome
summons dismissed with costs
Legal Topics
Public Interest Immunity, Reasonable Excuse, New South Wales Crime Commission Act 1985, Informers, Costs
Evidence Criminal Law Public Interest Immunity Reasonable Excuse New South Wales Crime Commission Act 1985 Informers Costs

Case Brief

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Parties

Z

Claimant

N

Opponent

Procedural Posture

Appeal / Application for Leave to Appeal — Decision on Summons

Legal Issues

  1. 1 Whether the claimant had a 'reasonable excuse' under s18(2) of the New South Wales Crime Commission Act 1985 for refusing to answer questions before a private hearing of the NSW Crime Commission
  2. 2 Whether disclosure would reveal the identity of an informer and provide a reasonable excuse
  3. 3 Whether fear of reprisal constituted a reasonable excuse

Ratio Decidendi

Disclosure of the requested information in a private hearing of the Commission, protected by statutory secrecy provisions and criminal sanctions, did not constitute grounds for reasonable excuse under s18(2) for refusing to answer, in these particular circumstances.

Court Disposition

summons dismissed with costs

Orders

  • Summons dismissed with costs.