G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 8) [2022] NSWSC 1170

Supreme Court New South Wales

Medium Neutral Citation: G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 8) [2022] NSWSC 1170 Hearing dates: 18 and 29 August 2022 Date of orders: 31 August 2022 Decision date: 31 August 2022 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Certain privilege claims upheld Catchwords: PRIVILEGE – documents produced on subpoena – whether the documents are subject to client legal privilege Cases Cited: Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Limited (No 4) [2014] FCA 796 Commissioner of Taxation v PricewaterhouseCoopers [2022] FCA 278 Desane Properties Pty Limited v State of New South Wales [2018] NSWSC 173 G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 6) [2022] NSWSC 628 Kenquist Nominees Pty Ltd v Campbell (No 5) [2018] FCA 853 Category: Procedural rulings Parties: G&S Engineering Services Pty Ltd (First Plaintiff/First Cross-Defendant/First Applicant) DRA Pacific Pty Ltd (Second Plaintiff/Second Cross-Defendant/Second Applicant) DRA Group Holdings (Pty) Ltd (Third Cross-Defendant/Third Applicant) DRA Global Limited (Fourth Cross-Defendant/Fourth Applicant) MACH Energy Australia Pty Ltd (First Defendant/First Cross-Claimant/First Respondent) MACH Mount Pleasant Operations Pty Ltd (Second Defendant/Second Cross-Claimant/Second Respondent) J.C.D. Australia Pty Ltd (Third Defendant/Third Cross-Claimant/Third Respondent) Calibre Group Pty Ltd (Subpoena Recipient/Fourth Respondent) Representation: Counsel: M G Lyons with A Emmerson (Plaintiffs/Cross-Defendants/Applicants) N Simpson with E Ball (Defendants/Cross-Claimants/First to Third Respondents) J K S Entwisle (Subpoena Recipient/Fourth Respondent)