Molenaar v Andonovski [2020] NSWSC 1258

Supreme Court New South Wales

Medium Neutral Citation: Molenaar v Andonovski [2020] NSWSC 1258 Hearing dates: On the papers Date of orders: 15 September 2020 Decision date: 15 September 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Permit access by the plaintiffs to the following documents, redacted where necessary in accordance with these orders. (i) In relation to the documents listed in the Pikes & Verekers privilege table (produced in Packet S-13): (a) email of 7 December 2018 from Ms Pecipajkovski to Mr Green and copied to Mr Peter Andonovski; and (ii) In relation to the documents listed in the HLB Mann Judd privilege table (produced in Packet S-18): (a) email of 14 February 2019 from Ms Ilijic to Ms Hold and Mr Green; (b) email chain of communications of 14 February 2019, being the email from Ms Ilijic to Ms Hold and Mr Green, Mr Green's reply (copied also to Mr Newhouse) and Ms Ilijic's subsequent reply, except for the email from Mr Green to Ms ilijic and Ms Hold (copied to Mr Newhouse) of 1:31 PM; (c) email chain of communications dated 14 February 2019, being the same chain of emails as referred to in item (b), with a further reply from Ms Ilijic, except for the email from Mr Green to Ms ilijic and Ms Hold (copied to Mr Newhouse) of 1:31 PM; (d) email chain of communications dated from 14 to 20 February 2019, being the same chain of emails as referred to in items (b) and (c), with further reply communications, except for the email from Mr Green to Ms ilijic and Ms Hold (copied to Mr Newhouse) of 1:31 PM; (e) email chain of communications dated between 8 and 11 March 2019 between Ms Hold, Mr Andonovski, Ms Pecipajkovski, Mr Peter Andonovski and Mr Newhouse (and copied to Mr Green); and (f) email chain of communications dated 27 March 2019, but only the page numbered "1" of the printed email chain. 2. Costs of the application be costs in the cause. Catchwords: EVIDENCE — Privileges — Client legal privilege — Legal advice and litigation — waiver EVIDENCE — Privileges — Common interest privilege Evidence — Company books and records — s247A of Corporations Act 2001 (Cth) CIVIL PROCEDURE — Subpoenas — To produce documents or things — Privilege and other claims concerning access to produced documents Legislation Cited: Evidence Act 1995 (NSW), ss 118, 119, 122, 125, 126 Corporations Act 2001 (Cth), s 247A Cases Cited: Areva NC (Australia) Pty Ltd v Summit Resources (Australia) Pty Ltd (No 2) [2008] WASC 10 Czerwinksi v Syrena Royal Pty Ltd (No 1) [2000] VSC 125; (2000) 34 ACSR 245 Eastmark Holdings Pty Ltd v Kabraji (No 3) [2012] NSWSC 1463 Hanks v Admiralty Resources NL (No 2) [2011] FCA 1464 Kang v Kwan [2001] NSWSC 698 Marshall v Prescott [2013] NSWCA 152 R v Cox and Railton (1884) 14 QBD 153; [1881-5] All ER Rep 68 Rinehart v Rinehart [2020] NSWSC 60 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Schreuder v Murray (No 2) (2009) 41 WAR 169; [2009] WASCA 145 Yunghanns v Elfic Pty Ltd (No 2) [2000] 1 VR 92; [2000] VSC 113 Category: Procedural and other rulings Parties: Trevereaux Molenaar (First Plaintiff) Molenaar Real Estate Pty Ltd (Second Plaintiff) Jordan Peter Andonovski (First Defendant) Representation: Counsel: MJ Harris (Plaintiffs) R Tassell (Defendant) Solicitors: Jemmeson & Fisher (Plaintiffs) Pikes & Verekers Lawyers (Defendant) File Number(s): 2017/00212491 Publication restriction: Nil