Lila Foxall (by her tutor Robert Foxall) v Kristy Carter (No. 2) [2023] NSWSC 872

Supreme Court New South Wales

Medium Neutral Citation: Lila Foxall (by her tutor Robert Foxall) v Kristy Carter (No. 2) [2023] NSWSC 872 Hearing dates: 21 July 2023 Date of orders: 25 July 2023 Decision date: 25 July 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The defendant's notice of motion filed 13 April 2023 is dismissed. (2) The plaintiff is entitled to have access to the subpoenaed packets (33-34) immediately. (3) The defendant is to pay the plaintiff's costs. Catchwords: CIVIL PROCEDURE – Legal Professional Privilege – Evidence – Subpoena – Onus of Proof – Draft Expert Reports – Waiver Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 1.8, 1.9, 21.3, 31.34, 56, 57, 58, 59 and 60 Evidence Act 1995 (NSW) ss 117, 122 and 126 Cases Cited: Akins v Abigroup Ltd (1998) 43 NSWLR 539 Australian Institute of Fitness Pty Limited v Australian Institute of Fitness (Vic/Tas) Pty Limited (No 2) [2015] NSWSC 994 Foxall (by her tutor Foxall) v Carter [2023] NSWSC 747 Hancock v Rinehart [2016] NSWSC 12 Ingot Capital v Macquarie Equity [2008] NSWSC 25 New Cap Reinsurance Corporation Ltd (in liq) v Renaissance Reinsurance Ltd [2007] NSWCA 257 Sevic v Roarty (1998) 44 NSWLR 287 The Bell Group Ltd v Westpac Banking Corporation (1998) 86 FCR 215 Waugh Asset Management Pty Ltd v Lynch [2010] NSWSC 197 Category: Procedural rulings Parties: Lila Foxall (by her Tutor Robert Foxall) (First Plaintiff) Suzanne Foxall (Second Plaintiff) Kristy Carter (Defendant) Representation: Counsel: