Nirmal Singh Kandola v Bhupinder Sing Rai [2008] NSWDC 22

New South Wales District Court

CITATION: Nirmal Singh Kandola v Bhupinder Sing Rai [2008] NSWDC 22

HEARING DATE(S): 21 February 2008 EX TEMPORE JUDGMENT DATE : 21 February 2008

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: See paragraph 12 of Judgment

CATCHWORDS: Motor Vehicle Accident - Defendant refused indemnity on the basis that incident outside cover of Third Party Policy - Claim of Privilege made by Insurer over documents produced on subpoena - Consideration of Joint Privilege, Common Interest Privilege and Shared Interest Privilege - Exercise of Court's discretion

Nominal Defendant v GLG Australia Pty Ltd (2006) HCA 11 CASES CITED: Mercantile Mutual Insurance (NSW Workers' Compensation) Limited v Murray (2004) NSWCA 151 Marcus v Provincial Insurance Company Limited (unreported, Supreme Court of NSW, Clarke, J, 11/5/83)

PARTIES: Nirmal Singh Kandola (Plaintiff) Bhupinder Singh Rai (Defendant)

FILE NUMBER(S): 08/07 (Coffs Harbour)

SOLICITORS: Mr Egan (Plaintiff) Mr Smith (Defendant)

JUDGMENT (EX TEMPORE)

1 HIS HONOUR: Before the court is a notice of motion dated 18 February in which the defendant applicant seeks access to certain documents produced to the court by Allianz Australia Insurance Limited, the respondent to the motion which is an intervenor in the proceedings.

2 Since the motion was filed the area of dispute in terms of access has been confined to documents 9, 11, 12, 16 to 25 inclusive, 27, 28, 29 and 31 in the list which is annexure A to Ms van Doort's affidavit sworn on 20 February 2008.

3 The position is that the court has been told that the insurer formally denied to indemnify its insured, the defendant, on 21 March 2007 as a result of the decision of the High Court in Nominal Defendant v GLG Australia Pty Ltd (2006) HCA 11.