Twigg v Pitcher Partners Holdings Pty Ltd (No 2) [2022] NSWSC 1714

Supreme Court New South Wales

Medium Neutral Citation: Twigg v Pitcher Partners Holdings Pty Ltd (No 2) [2022] NSWSC 1714 Hearing dates: 12 and 13 December 2022 Decision date: 13 December 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The plaintiffs not be given access subpoena packets S-4, S-5 and S-6 produced in answer to three subpoenas addressed to Miranda Bordignon – SBA Law without the consent of the fourth and fifth defendants; (2) The plaintiffs pay the fourth and fifth defendants' costs of the application for access. Catchwords: EVIDENCE — Privileges — Legal professional privilege — Waiver — Whether the fourth and fifth defendants asserting privilege waived privilege by permitting the first to third defendants to inspect the documents — Whether privilege was waived by "inadvertently" copying the plaintiffs into the email attaching the documents Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303; [2013] HCA 46 Category: Procedural rulings Parties: Diane Twigg (First Plaintiff) Twigg Plant Hire Pty Ltd atf The Twigg Family Trust (Second Plaintiff) Ipswich Landfill Pty Ltd atf the Ipswich Landfill Trust (Third Plaintiff) Brooklyn Landfill & Waste Management Pty Ltd atf the Brooklyn Landfill Trust (Fourth Plaintiff) Pitcher Partners Holdings Pty Ltd (First Defendant) Pitcher Partners Investment Services Pty Ltd (Second Defendant) Pitcher Partners Advisors Proprietary Limited (Third Defendant) Maxwell James Twigg (Fourth Defendant) Twigg Co Pty Ltd (Fifth Defendant) Representation: Counsel: DK Smith (Plaintiffs) PM Knowles SC (Fourth and Fifth Defendants)