Z v N (No 2)

The New South Wales Court of Appeal considered an appeal by Z against a decision of the Supreme Court of New South Wales. Z had refused to answer a question during a private hearing conducted by the New South Wales Crime Commission, claiming a reasonable excuse under section 18(2) of the *New South Wales Crime Commission Act 1985* (NSW). Z contended that answering the question would reveal the identity of an informer, invoking principles of public interest immunity and expressing a fear of reprisal.

The primary legal issue before the Court of Appeal was whether Z had established a reasonable excuse for failing to answer the question. This required the Court to determine the scope and application of the public interest immunity protecting the identity of informers, and to assess whether Z's fear of reprisal constituted a valid basis for refusing to answer under the *Crime Commission Act*. The Court also considered the question of costs.

The Court of Appeal held that Z had not established a reasonable excuse. While acknowledging the importance of protecting informer identities, the Court found that the evidence did not demonstrate that disclosure of the information sought would inevitably reveal the informer's identity. Furthermore, the Court was not satisfied that Z's fear of reprisal was sufficiently well-founded to constitute a reasonable excuse in the circumstances. The Court therefore dismissed the summons.

The summons was dismissed with costs.