Kang v Kwan & 2 Ors [2001] NSWSC 697

New South Wales Supreme Court

CITATION : Kang v Kwan & 2 Ors [2001] NSWSC 697 revised - 17/08/2001 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3510/99 HEARING DATE(S) : 16/08/01 JUDGMENT DATE : 16 August 2001

Wei Ling Kang (Plaintiff) PARTIES : Christopher Anthony Kwan (First Defendant) Kate Woowin (Second Defendant) Eileen Woowin (Third Defendant) JUDGMENT OF : Santow J

G C Lindsay, SC/ M A Robinson (Plaintiff) COUNSEL : M L D Einfeld, QC/ F P Donohoe (First Defendant) C Champion (Schrader & Associates/Mr Davidson) SOLICITORS : Legal Aid Society (Plaintiff) Verekers (First Defendant) CATCHWORDS : EVIDENCE — Legal professional privilege — whether lost — could evidence nonetheless be adduced under s122 of s125 of Evidence Act 1995 — Meaning of consent for purposes of s122(1) — Meaning of fraud and abuse of power for purpose of s125 — Production of documents under court order — Effect of subsequent discovery of letter by producing party referring to possible privilege when clients out of jurisdiction — dealt with in two contemporaneous judgments to be read together — Capacity to object to adducing of evidence when client out of jurisdiction — Continuance of retainer for that purpose — Duty of lawyer — Recourse to s133 to examine documents. Evidence Act s122, s133, s135 LEGISLATION CITED : Supreme Court Act ss22 and 121 Supreme Court Rules Pt 9 r12 CASES CITED : Hooker Corporation Ltd v Darling Harbour Authority (1987) 9 NSWLR 538 DECISION : s125 of Evidence Act applicable.