Truckbug Pty Limited & Anor v Rethmann Australia Environmental Services Pty Limited & Ors [2007] NSWIRComm 272

Industrial Court of New South Wales

CITATION: Truckbug Pty Limited & Anor v Rethmann Australia Environmental Services Pty Limited & Ors [2007] NSWIRComm 272

First Applicant: Truckbug Pty Limited

Second Applicant: Gary Blair

PARTIES: First Respondent: Rethmann Australia Environmental Services Pty Limited

Second Respondent: Andrew Hopkins

Third Respondent: ADH Transport Pty Limited

FILE NUMBER(S): 7372 of 2003

CORAM: Backman J

CATCHWORDS: Unfair contract - s 106 of the Industrial Relations Act 1996 - application brought by first respondent by way of notice of motion seeking access to a letter of advice prepared by the applicants' counsel and sent to the applicants' solicitor on 6/09/01 - letter of advice sent under cover of letter of 13/03/03 by the applicants' solicitor to an expert - application of s 122(2) and s 122(4) Evidence Act 1995 - whether client legal privilege waived - application of Rule 160 IRC Rules to s 122 Evidence Act - Held: privilege not waived under s 122(2) - Held: privilege not waived under s 122(4) - application dismissed - orders

Evidence Act 1995 NSW LEGISLATION CITED: Industrial Relations Act 1996 Uniform Civil Procedure Rules NSW

Australian Competition and Consumer Commission v Australian Safeway Stores Pty Limited & Ors (1998) 81 FCR 526 Cahill v State of New South Wales (Department of Community Services) (2007) 161 IR 124 CASES CITED: Esso Australia Resources Limited v Commissioner of Taxation of the Commonwealth of Australia (1999) 201 CLR 49 ML Ubase Holdings Co Ltd v Trigem Computer Inc. [2007] NSWSC 859 New Cap Reinsurance Corporation Ltd (In Liq.) + 1 Or v Renaissance Reinsurance Ltd [2007] NSWSC 258 Tirango Nominees Pty Ltd & Ors v Dairy Vale Foods Limited 156 ALR 364