Nazir v State of New South Wales [2024] NSWSC 1015

Supreme Court New South Wales

Medium Neutral Citation: Nazir v State of New South Wales [2024] NSWSC 1015 Hearing dates: 13 August 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Common Law Before: Davies J Decision: (1) The notice of motion filed 25 June 2024 is dismissed. Catchwords: EVIDENCE – privileges – legal professional privilege – proceedings for compensation to relatives and personal injury as a result of a rockfall in a national park - defendant objected to production of a geotechnical report obtained by defendant shortly after incident – where defendant claimed the report was subject to legal professional privilege – whether report was prepared for the dominant purpose of seeking legal advice or for use in legal proceedings – where inevitable Coroner would be involved – more likely than not that civil proceedings would be instituted – letter of instruction demonstrated that dominant purpose of report was for legal advice and use in legal proceedings – claim of legal professional privilege upheld EVIDENCE – privileges – legal professional privilege – litigation – where plaintiff submitted that litigation privilege did not extend to coronial proceedings – Coroner's Court satisfies the definition of an Australian court – litigation privilege extends to coronial proceedings Legislation Cited: Civil Liability Act 2002 (NSW) s 30 Compensation to Relatives Act 1897 (NSW) s 3 Evidence Act 1995 (NSW) ss 118, 119, 131A Uniform Civil Procedure Rules 2005 (NSW) r 42.20 Cases Cited: Edwards Madigan Torzillo Briggs Pty Ltd v Stack [2003] NSWCA 302 Ingot Capital Investments Pty Limited v Macquarie Equity Capital Markets Ltd (2006) 67 NSWLR 91; [2006] NSWSC 530 Robertson v Singtel Optus Pty Ltd [2023] FCA 1392 Sparks, in the matter of IG Energy Holdings (Australia) Pty Ltd (Administrators Appointed) [2024] FCA 613 Texts Cited: Nil Category: Procedural rulings Parties: Anastasia Victoria Ruth Nazir (First Plaintiff) Avan Elena Alice Nazir BHT Anastasia Victoria Ruth Nazir (Second Plaintiff) Zahran Rex Haydn Nazir BHT Anastasia Victoria Ruth Nazir (Third Plaintiff) State of New South Wales (Defendant) Representation: Counsel: A Quinlivan (Plaintiffs) N Newton (Defendant)