NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Gibbins v Bayside Council [2020] NSWSC 1795 Hearing dates: 8 December 2020 Date of orders: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Common Law Before: Harrison J Decision: The Engineers Report dated 28 March 2018 is not privileged from production and should be produced to the plaintiff within seven days. Catchwords: CIVIL PROCEDURE – where plaintiff seriously injured on water slide – where plaintiff seeking production of engineering report – objection to production – client legal privilege – whether document created for dominant purpose of legal advice Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: AWB Limited v Honourable Terence Rhoderic Hudson Cole [2006] FCA 571 Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49; [1999] HCA 67 Grant v Downs (1976) 135 CLR 674; [1976] HCA 63 Hartogen Energy Ltd v Australian Gaslight Co (1992) 36 FCR 557 Sparnon v Apand Pty Ltd (1996) 68 FCR 322; (1996) 138 ALR 735 Waterford v Commonwealth (1987) 163 CLR 54; [1987] HCA 25 Category: Procedural and other rulings Parties: Alexander Charles Francis Gibbins (Plaintiff) Bayside Council (Defendant) Representation: Counsel: S Holmes (Plaintiff) S Glascott (Defendant)
Solicitors: Beilby Poulden Costello (Plaintiff) McCulloch and Buggy (Defendant) File Number(s): 2019/371156 Publication restriction: Nil
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