Samios Plumbing Pty Ltd v John R Keith (NSW) Pty Ltd [2020] NSWSC 1128

Supreme Court New South Wales

Medium Neutral Citation: Samios Plumbing Pty Ltd v John R Keith (NSW) Pty Ltd [2020] NSWSC 1128 Hearing dates: 17 August 2020 Decision date: 25 August 2020 Jurisdiction: Equity - Technology and Construction List Before: Hammerschlag J Decision: Second Cross-Defendant's notice of motion of 20 March 2020 is dismissed with costs Catchwords: PRIVILEGE – Claim for legal professional privilege or settlement negotiation privilege – Where joint report was commissioned and prepared by second cross-defendant and a third party for the purposes ascertaining factual position in relation to allegedly defective pipes – HELD – Document not privileged – Not prepared for the dominant purpose of the second cross-defendant being provided with professional legal services relating to a proceeding or an anticipated proceedings – Document disclosed to third party in the absence of common interest. Legislation Cited: Evidence Act 1995 (NSW), ss 119, 122(5)(c), Category: Procedural and other rulings Parties: Samios Plumbing Pty Ltd - Plaintiff / First Cross- Defendant John R Keith (NSW) Pty Limited - Defendant / First Cross Claimant Forza Global Pty Ltd - Second Cross-Defendant Representation: Counsel: Ms Goudarzi - Plaintiff / First Cross-Defendant D. Weinberger - Defendant / First Cross-Claimant T. March - Applicant / Second Cross-Defendant

Solicitors: HWL Ebsworth - Plaintiff / First Cross-Defendant Bradbury Legal - Defendant / First Cross-Claimant CCSG Legal - Applicant / Second Cross-Defendant File Number(s): 2017/356791