Michael John Nowland as Executor of the Estate of the Late Clare Margaret Nowland v The State of New South Wales

The executor of the estate of the late Clare Margaret Nowland sought access to footage from police officers' body-worn cameras, recorded during an incident at Yallambee Lodge on May 17, 2023. The State of New South Wales opposed the request. The matter was heard by the Court, which had to decide on the validity of the Registrar’s refusal to grant non-party access to Mrs Lesley Lloyd to review the footage, and whether the footage should be made accessible to the plaintiff.

The Court considered whether the Registrar's decision was appropriate under Part 49.19 of the Uniform Civil Procedure Rules. It examined the reasons provided by the Registrar for the refusal and assessed whether those reasons were sufficient. The Court also reviewed the arguments presented by both parties regarding the relevance and necessity of the footage for the proceedings. The Court concluded that the refusal was not justified and that the footage should be made available under certain conditions.

The Court set aside the Registrar's decision and granted Mrs Lesley Lloyd review-only access to the footage, provided she undertook not to disseminate the footage to any other person or use it without leave in other proceedings. The Court also ordered that the footage be accessible to the plaintiff, with review-only access to be provided by the plaintiff's legal representatives. The Court further ordered the State of New South Wales to pay the applicant's costs of the Notice of Motion. The orders were stayed for 28 days to allow for potential appeals, with liberty to apply on two business days’ notice.

The final orders of the Court included setting aside the Registrar’s decision, granting Mrs Lesley Lloyd and the plaintiff review-only access to the footage, varying the order to include the plaintiff, and directing the State of New South Wales to pay the applicant's costs. The orders regarding access were stayed for 28 days, and liberty to apply was granted.