Sargent v Sargent [2023] NSWSC 1063

Supreme Court New South Wales

Medium Neutral Citation: Sargent v Sargent [2023] NSWSC 1063 Hearing dates: 31 August 2023 Date of orders: 31 August 2023 Decision date: 05 September 2023 Jurisdiction: Equity Before: Kunc J Decision: Document A not privileged and access granted; Document B privileged and access denied Catchwords: EVIDENCE — Privileges — Client legal privilege — Loss of — "intentions…of a client or party who has died" — Evidence Act 1995 (NSW), s 121(1) Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: d'Apice v Gutkovich - Estate of Abraham (No 1) [2010] NSWSC 1336 Singtel Optus Pty Ltd v Weston (2011) 81 NSWLR 526; [2011] NSWSC 108 Category: Procedural rulings Parties: Darren Sargent (plaintiff) Craig Sargent (defendant) Representation: Counsel: T Rollo (plaintiff) D Liebhold/N Condylis (defendant)

Solicitors: Carroll & O'Dea Lawyers (plaintiff) Walsh & Blair Lawyers (defendant) File Number(s): 2022/199733 Publication restriction: Nil

JUDGMENT

Summary 1. During the course of hearing a notice of motion which was ultimately settled by consent, the Court also dealt with claims of client legal privilege raised by the defendant to resist access being granted to the plaintiff to two documents produced by the defendant in answer to a notice to produce issued by the plaintiff (referred to as Documents A and B). The Court rejected the claim for privilege in Document A and granted access to the plaintiff. As to Document B, the privilege claim was upheld and access refused. These are the reasons for those rulings. 2. Without disrespect, I will refer to the parties by their given names. Mr T Rollo of Counsel appeared for the plaintiff, Darren. Mr D Liebhold of Counsel appeared with Mr N Condylis of Counsel for the defendant, Craig. The argument for Craig on the privilege claim was conducted by Mr Condylis.