Hine v New South Wales Land and Housing Corporation [2009] FCA 502

FEDERAL COURT OF AUSTRALIA

Hine v New South Wales Land and Housing Corporation [2009] FCA 502

PRACTICE AND PROCEDURE – discovery – whether documents attract legal professional privilege – issue waiver Fair Trading Act 1942 (NSW) Apotex Pty Limited v Le Laboratoires Servier (2008) 79 IPR 100; [2008] FCA 1466 Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341; [2006] FCAFC 86 DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499; [2003] FCA 384 Rich v Harrington (2007) 245 ALR 106; [2007] FCA 1987 Seven Network Ltd v News Ltd (2005) 144 FCR 379; [2005] FCAFC 125

ROBERT HINE and CPR PROPERTY PTY LTD v NEW SOUTH WALES LAND AND HOUSING CORPORATION and STATE OF NEW SOUTH WALES

NSD 465 of 2007

JAGOT J

12 MAY 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 465 of 2007

BETWEEN: ROBERT HINE

First Applicant

CPR PROPERTY PTY LTD

Second Applicant

AND: NEW SOUTH WALES LAND AND HOUSING CORPORATION

First Respondent

STATE OF NEW SOUTH WALES

Second Respondent

JUDGE: JAGOT J

DATE OF ORDER: 12 MAY 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. By 19 May 2009, the respondents are to file and serve a supplementary list of documents producing for inspection documents over which privilege was claimed in the Amended List of Documents filed 16 March 2009, being documents that: (a) constitute or evidence what is said to be investigations of an improper association with the applicants; (b) constitute or evidence or are likely to have contributed to the alleged formation by the first respondent's representative of a state of mind that the second applicant was unsuitable; and (c) constitute or evidence or are likely to have contributed to the formation of that state of mind, which is asserted to have been reasonable. 2. The respondents are to pay the applicants' costs of the notice of motion filed on 9 April 2009 as agreed or taxed. 3. The exhibits be returned. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA