Compton v Wilson [2007] NSWDC 67

New South Wales District Court

CITATION: Compton v Wilson [2007] NSWDC 67

HEARING DATE(S): 02/04/07-04/04/07 EX TEMPORE JUDGMENT DATE : 4 April 2007

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

DECISION: Order Colonel Seymour to attend for cross examination in relation to compilation and contents of lists of discovery

CATCHWORDS: Evidence - legal professional privilege - waiver

LEGISLATION CITED: Evidence Act (1995), ss118,122

Mann v Carnell (1999) 201 CLR 1 Esso Australia Resources Limited v The Commissioner of Taxation (1999) HCA 67 201 CLR 49 CASES CITED: Seven Network Limited v News Limited (Number 10) (2005) FCA 1721 Unity Insurance Brokers Pty Limited v Rocco Pezzano(1998) 193 CLR 603 Telstra Corporation Limited v BT Australia Pty Limited (1998) 85 FCR 153 Fruehauf Finance Corporation Pty Limited v Zurich Australian Insurance Limited (1990) 20 NSWLR 359

Carl Anthony Compton (Plaintiff) Lawrence Allan Wilson (First Defendant) PARTIES: Salvation Army (Cross Claimant/Respondent) Zurich Australian Insurance Limited (Cross Defendant/Applicant)

FILE NUMBER(S): 13889/01

COUNSEL: J.N. West QC with J.E. Lazarus (Cross Claimant/Respondent) P. Webb QC with B. Hull (Cross Defendant/Applicant)

SOLICITORS: Corrs Chambers Westgarth Lawyers (Cross Claimant/Respondent) George Mallos Lawyer (Cross Defendant/Applicant)

JUDGMENT

1 HIS HONOUR: This application arises out of a matter in which I made a number of orders for discovery and inspection in September 2005. Since that time, the cross claimant, the Salvation Army, henceforth called "The Army", has produced an extensive list of documents.