NSW Caselaw
Reported Decision : 115 LGERA 332
Land and Environment Court of New South Wales
CITATION : Yanchenko & Anor v Hornsby Shire Council [2001] NSWLEC 166 APPLICANTS Victor Yanchenko PARTIES : Robbyn Yanchenko
RESPONDENT Hornsby Shire Council FILE NUMBER(S) : 10241 of 2001 CORAM: Talbot J KEY ISSUES: Practice and Procedure :- claim for legal professional privilege in class 1 proceedings. Evidence :- notice to produce - legal professional privilege - whether waived - operation and interaction of common law principles Land and Environment Court Rules Supreme Court Rules and the Evidence Act in class 1 proceedings. Land and Environment Court Act 1979 LEGISLATION CITED: Land and Environment Court Rules 1996 Supreme Court Rules 1970 Evidence Act 1995 Attorney-General for the Northern Territory v Maurice & Ors (1986) 161 CLR 475; Baker v Campbell (1983) 153 CLR 52; CASES CITED: Benecke v National Australia Bank (1993) 35 NSWLR 110; Mann v Carnell 201 CLR 1; Multistar Pty Limited v The Minister for Urban Affairs & Planning & Anor [2000] NSWLEC 231, unreported DATES OF HEARING: 24/07/01 DATE OF JUDGMENT: 07/30/2001
APPLICANT Mr I J Hemmings (Barrister) SOLICITORS Mills Cameron Gallagher LEGAL REPRESENTATIVES: RESPONDENT Mr M J Connell (Solicitor) SOLICITORS Michell Sillar
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