Westpac Banking Corporation v ITS Taxation Services [2004] NSWSC 124

New South Wales Supreme Court

CITATION : Westpac Banking Corporation v ITS Taxation Services [2004] NSWSC 124 HEARING DATE(S) : 1 March 2003 JUDGMENT DATE : 3 March 2004 JURISDICTION: Equity JUDGMENT OF : Austin J DECISION : Second defendant's claim to legal professional privilege with respect to part of a document produced on subpoena is denied

CATCHWORDS : EVIDENCE - legal professional privilege with respect to documents produced on subpoena - documents produced by solicitor - whether solicitor's client was the director who instructed them, or the director's companies LEGISLATION CITED : Evidence Act 1995 (NSW) ss 117, 118, 119 Supreme Court Rules Pt 36 r 13 CASES CITED : Watson v McLernan [2000] NSWSC 306 Westpac Banking Corporation (P1, XD3) Investment Taxation Specialists Limited (Administrator Appointed) (Receivers and Managers Appointed) (P2) ITS Taxation Services Pty Limited (D1, XD1) Ross James Anderson (D2) Neil Geoffrey Singleton (In his capacity as receiver and manager of ITS Taxation Services Pty Limited) (D3, XD2) R & H Hosking Pty Limited (D4, XC) Bruno Valentino Cadorin (D5) PARTIES : Edda Cadorn (D6) Alexander Peter Anderson (D7) Betty Anderson (D8) L & O Forner Pty Limited (D9) Baccus Pty Limited (D10) Dennis Murray (D11) Pauline Murray (D12) Danny Lee (D13) Samazan Pty Limited (D14) FILE NUMBER(S) : SC 4345/02 COUNSEL : Mr W G Muddle (Ps) Mr A Lo Surdo (D2) SOLICITORS : Minter Ellison (Ps) Collin Biggers & Paisley (D2)