NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Cranston (No 5) [2020] NSWSC 1105 Hearing dates: 14 July 2020 Date of orders: 14 July 2020 Decision date: 24 August 2020 Jurisdiction: Common Law - Criminal Before: Payne J Decision: Pre-trial application for declaration of client legal privilege over communications recorded by use of surveillance device and telephone intercept warrants withdrawn Catchwords: EVIDENCE – privilege – client legal privilege – where one alleged co-conspirator was a lawyer – where alleged co-conspirators claim client legal privilege – whether privilege attaches to communications – whether co-conspirator was providing legal advice – whether dominant purpose of communications in furtherance of fraud – application withdrawn Legislation Cited: Evidence Act 1995 (NSW), ss 118, 125, 128, 133, 142(1) Proceeds of Crime Act 2002 (Cth) Cases Cited: R v Cranston (No 2) [2020] NSWSC 1102 R v Cranston (No 4) [2020] NSWSC 1104 Category: Procedural rulings Parties: Adam Cranston (Applicant) Lauren Cranston (Applicant) Dev Menon (Applicant) Jason Onley (Applicant) Crown (Respondent) Representation: Counsel: Adam Cranston (in person) T D Anderson (Lauren Cranston) P Bruckner (Dev Menon) R Seiden SC with R Johnson (Jason Onley) R Maidment QC with R Sharp and L Robb Vujcic (Crown)
Solicitors: Pure Legal (Jason Onley) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2017/148697; 2017/148185; 2017/148776; 2017/149208 Publication restriction: Nil.
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