Extrinsic materials

A-G v Melco Resorts [2020] NSWCA 40

Extrinsic materials cannot displace the clear meaning of the text – this is fundamental13.  Was legal professional privilege abrogated for witnesses before a casino inquiry having royal commission ‘powers, authorities, protections and immunities’?14

The Second Reading Speech said the same ‘protection’ was preserved as for witnesses before the Supreme Court.  The Act, however, was clear in its abrogation of the privilege and ‘does not depend on, and is not influenced by, any extrinsic materials’.  The Second Reading Speech (at [110]) ‘only illustrates the dangers & potential pitfalls that resort to extrinsic materials may have’15iTip – so true.

This principle is from Episode 60 of interpretation NOW!


13 Episodes 15, 27, 29, 30 & 34, Power [2017] NSWCA 8 (at [83-91]).

14 s 143A Casino Control Act 1992, Div 1 of Part 2 Royal Commissions Act 1923.

15 Harrison [2008] NSWCA 67 (at [12]), Lottoland [2019] NSWSC 1041 [110].