SG v New South Wales Crime Commission [2016] NSWSC 1615

SG v New South Wales Crime Commission [2016] NSWSC 1615

The proceedings are not an abuse of process simply because they may involve information obtained in breach of secrecy provisions of the Crime Commission Act; communications central to contract formation are not necessarily caught by these provisions, and summary dismissal is not warranted. Legal professional privilege is available for some documents, although documents created as a result of illegality may not attract privilege.

Parties
Plaintiff: SG; First Defendant: New South Wales Crime Commission; Second Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
17 November 2016
Procedural Posture
Principal Judgment / Motion to Dismiss Proceedings; Interlocutory Orders on Legal Professional Privilege
Outcome
Motion to dismiss proceedings dismissed. Legal professional privilege may apply to some documents subject to further submissions and Court inspection. Detailed directions on privilege to follow.
Legal Topics
Abuse of Process, NSW Crime Commission Statutory Powers, Secrecy Provisions, Illegally Obtained Evidence, Client Legal Privilege, Summary Dismissal
Administrative Law Statutory Construction Legal Professional Privilege Practice and Procedure Abuse of Process NSW Crime Commission Statutory Powers Secrecy Provisions Illegally Obtained Evidence +2 more

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Parties

SG

Plaintiff

New South Wales Crime Commission

First Defendant

State of New South Wales

Second Defendant

Procedural Posture

Principal Judgment / Motion to Dismiss Proceedings; Interlocutory Orders on Legal Professional Privilege

Legal Issues

  1. 1 Whether proceedings against the Crime Commission should be dismissed as an abuse of process due to alleged reliance on information provided in breach of s 80 of the Crime Commission Act 2012
  2. 2 Whether legal professional privilege attaches to documents alleged to have been obtained in breach of statutory secrecy provisions
  3. 3 Proper construction and scope of s 80 of the Crime Commission Act 2012 and its effect on litigation by and against the Commission

Ratio Decidendi

The proceedings are not an abuse of process simply because they may involve information obtained in breach of secrecy provisions of the Crime Commission Act; communications central to contract formation are not necessarily caught by these provisions, and summary dismissal is not warranted. Legal professional privilege is available for some documents, although documents created as a result of illegality may not attract privilege.

Court Disposition

Motion to dismiss proceedings dismissed. Legal professional privilege may apply to some documents subject to further submissions and Court inspection. Detailed directions on privilege to follow.

Orders

  • Motion to dismiss the proceedings dismissed
  • Legal professional privilege available for some documents in accordance with the reasons for judgment