Austpipe Plumbing Services Pty Ltd v Doyle [2024] NSWSC 1464

Supreme Court New South Wales

Medium Neutral Citation: Austpipe Plumbing Services Pty Ltd v Doyle [2024] NSWSC 1464 Hearing dates: 15 November 2024 Date of orders: 19 November 2024 Decision date: 19 November 2024 Jurisdiction: Equity Before: Elkaim AJ Decision: 1. The plaintiff's objection to the inspection of documents contained in subpoena packet S-7 is overruled. 2. The first defendant and the third to sixth defendants are granted access to inspect subpoena packet S-7. 3. The plaintiff is to pay the first defendants' and the third to sixth defendants' costs of the motion. 4. The parties have leave to make submissions on a different costs order. Catchwords: CIVIL PROCEDURE — subpoenas — objection to production of documents — client legal privilege — whether the documents had the dominant purpose of legal advice — where the only evidence to establish claim for privilege was an affidavit of a director of the Plaintiff — held the evidence did not permit the drawing of inferences that the documents were created for the dominant purpose of the provision of professional legal services — access allowed Cases Cited: Barnes v Commissioner of Taxation [2007] FCAFC 88 Commissioner of Taxation v Pratt Holdings Pty Ltd (2005) 225 ALR 266; [2005] FCA 1247 G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 16) [2024] NSWSC 955 Hancock v Rinehart (Privilege) [2016] NSWSC 12 Hastie Group Ltd (in liq) v Moore [2016] NSWCA 305 Category: Procedural rulings Parties: Austpipe Plumbing Services Pty Ltd (Plaintiff) Craig Robert Doyle (First Defendant) MKR Services (NSW) Pty Ltd ACN 147087698 as trustee for the Doyle Family Trust (Second Defendant) (in liquidation) SPE Services Pty Ltd (Third Defendant) Doyle SMSF Investing Pty Ltd (Fourth Defendant) Lisa Michele Doyle (Fifth Defendant) CLD Espresso Pty Ltd (Sixth Defendant) Representation: Counsel: Mr R Perla (Plaintiff)