Grocon Group Holdings Pty Limited v Infrastructure NSW (No 3) [2023] NSWSC 1352

Supreme Court New South Wales

Medium Neutral Citation: Grocon Group Holdings Pty Limited v Infrastructure NSW (No 3) [2023] NSWSC 1352 Hearing dates: 12 and 13 September 2023; On the papers Decision date: 10 November 2023 Jurisdiction: Equity - Commercial List Before: Ball J Decision: See [60] to [62] Catchwords: EVIDENCE — Privileges — Where privilege claims assessed by reference to a sample — Evidence necessary to establish a claim for privilege Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Balabel v Air India [1988] Ch 317 DSE (Holdings) Pty Ltd v InterTAN Inc (2003) 135 FCR 151 Grocon Group Holdings Pty Limited v Infrastructure NSW (No 2) [2023] NSWSC 1144 Hancock v Rinehart (Privilege) [2016] NSWSC 12 Category: Procedural rulings Parties: Grocon Group Holdings Pty Limited (First Plaintiff) Grocon (CB) Developments Pty Limited (Second Plaintiff) Grocon Developments Group Pty Limited (Third Plaintiff) Infrastructure NSW (Defendant) Representation: Counsel: S Mirzabegian SC with J Buncle (Plaintiffs) D Barnett with S Murray (Defendant)

Solicitors: Quinn Emanuel Urquhart & Sullivan (Plaintiffs) Corrs Chambers Westgarth (Defendant) File Number(s): 2020/37937 Publication restriction: None

JUDGMENT

Introduction 1. This is the second judgment in this matter concerning a notice of motion filed on 23 June 2023 by which the defendant, INSW, seeks production of a large number of documents over which the plaintiffs (together, Grocon) have claimed privilege. My earlier judgment was delivered on 22 September 2023: see Grocon Group Holdings Pty Limited v Infrastructure NSW (No 2) [2023] NSWSC 1144. This judgment assumes familiarity with that judgment and uses the same abbreviations as used in it.