Wacker v Van Dyke t/as Vandyke Racing; Wacker v Dr Albany [2022] NSWSC 1020

Supreme Court New South Wales

Medium Neutral Citation: Wacker v Van Dyke t/as Vandyke Racing; Wacker v Dr Albany [2022] NSWSC 1020 Hearing dates: 25 – 27 July 2022 Date of orders: 28 July 2022 Decision date: 28 July 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. By 29 July 2022 the plaintiff is to produce all records required in notices to produce of 19 April 2022 and 22 July 2022. 2. By 3 August 2022 Mr Weller is to provide the defendants with logs of all documents he produced under subpoena, packet S-29, over which privilege is claimed. 3. By 10 August 2022 the defendants are to notify the plaintiff of any dispute over any claimed privilege. 4. In the event of any dispute over privilege, on or before 17 August the plaintiff is to file and serve a motion, supporting affidavit and submissions, which will be heard on a date to be fixed. 5. The defendants are both granted access to documents produced on subpoena in the related proceedings which are being heard together. 6. The plaintiff is to pay the defendants' costs of the proceedings on 25, 26 and 27 July 2022, as well as those thrown away as the result of the adjournment of the proceedings, as agreed or assessed. 7. The parties are at liberty forthwith to agree or assess those costs, but they will not be payable before final judgment is given in the proceedings. 8. In the event that judgment is given for the plaintiff, execution of the judgment will be stayed until the costs ordered by order 6 have been agreed or assessed and they must also be set off against any judgment sum ordered in his favour. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 66, 98 Uniform Civil Procedure Rules 2005 (NSW), r 42.7 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Dekkan v Picciau [2008] NSWCA 18 Dubois v R & V Bergin Pty Ltd [2011] NSWCA 309 Fountain Select Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Huntsman Chemical Co Australia Ltd v International Pools Australia Pty Ltd (1995) 36 NSWLR 242 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Principal judgment Parties: 2019/14510 David Wacker (Plaintiff) David Van Dyke t/as Vandyke Racing (Defendant)