Malouf -v- Manly Council [2002] NSWADT 56

CITATION: Malouf -v- Manly Council [2002] NSWADT 56 DIVISION: Retail Leases Division APPLICANT PARTIES: Michael Malouf RESPONDENT Manly Council FILE NUMBER: 015065 HEARING DATES: 04/02/2002 SUBMISSIONS CLOSED: 02/08/2002 DATE OF DECISION: 04/19/2002

BEFORE: Hole M - Judicial Member APPLICATION: Privilege - legal professional privilege MATTER FOR DECISION: Preliminary matter LEGISLATION CITED : Retail Leases Act 1994 CASES CITED: Ciesielski v Broadway Shopping Centre Sydney Pty Limited [2002] NSW ADT 25 Esso Australia Resources Limited v The Commissioner of Taxation [1999] HCA 67 APPLICANT REPRESENTATION: P Lenehan, solicitor RESPONDENT R Bellamy, barrister ORDERS: 1. The Respondent's claim for legal professional privilege is upheld in relation to documents 1 to 99 inclusive, excluding document 10, in the Affidavit of Lesley Ruth Finn dated 5 February 2002; 2. The Respondent's claim for legal professional privilege is upheld in relation to documents 100 to 119 inclusive in the Affidavit of Lesley Ruth Finn dated 5 February 2002; 3. The Respondent's claim that documents 1, 2 and 3 in the Affidavit of Lesley Ruth Finn dated 1 February 2002 are privileged as they came into existence for the purposes of without prejudice communications is upheld; 4. The Respondent's claim that document 4 in the Affidavit of Lesley Ruth Finn dated 1 February 2002 is subject to legal professional privilege is upheld; 5. The Respondent's claim that documents 5, 6 and 7 in the Affidavit of Lesley Ruth Finn dated 1 February 2002 are subject to legal professional privilege is upheld.