Orr v Hunter Quarries Pty Ltd (No. 3) [2018] NSWDC 537

District Court New South Wales

Medium Neutral Citation: Orr v Hunter Quarries Pty Ltd (No. 3) [2018] NSWDC 537 Hearing dates: 18, 24, 27 April 2018 Date of orders: 4 May 2018 Decision date: 04 May 2018 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) I find that the documents described or referred to in Paragraphs 73, 78, 88, 98 and 105 of Exhibit PX 15 are not privileged and thus may be inspected by the defendant. (2) I direct that the folder of documents which is MFI 12 be returned to the solicitors for the prosecutor. (3) Costs reserved. Catchwords: EVIDENCE - summary criminal trial – access sought to draft expert reports and correspondence with expert - documents produced on subpoena by third party - prosecutor claimed privilege EVIDENCE - legal professional privilege - client legal privilege - whether common law or Evidence Act to be applied in determination of privilege – common law principles of privilege – waiver of common law privilege - whether court should examine documents in order to discern if claim for privilege sustainable – nature of evidence required as to documents and privilege Legislation Cited: Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: ASIC v Southcorp Limited [2003] FCA 804 Derbas v The Queen [2012] NSWCCA 14 Esso Australia Resources Limited v Commissioner of Taxation [1999] HCA 67; 201 CLR 49 Hancock v Rinehart (Privilege) [2016] NSWSC 12 Mann v Carnell [1999] HCA 66; 201 CLR 1 at [28-29] New South Wales v Public Transport Ticketing Corporation [2011] NSWCA 60 Newcap Reinsurance Corporation Ltd (In Liquidation) v Renaissance Reinsurance Limited [2007] NSWSC 258 Tavcol Pty Limited v Valbeet Pty Limited [2016] NSWSC 1002 Traderight (NSW) Pty Limited v Bank of Queensland Limited (No. 14) [2013] NSWSC 211 Category: Procedural and other rulings Parties: Stephen James Orr (Prosecutor) Hunter Quarries Pty Limited (Defendant) Representation: Counsel: Ms K Nomchong SC, C Magee, N Broadbent (Prosecutor) J Glissan QC, D Nagle (Defendant)