Cotter v John Fairfax Publications Pty Ltd [2003] NSWSC 428

New South Wales Supreme Court

CITATION : Cotter v John Fairfax Publications Pty Ltd [2003] NSWSC 428 HEARING DATE(S) : 19 May 2003 JUDGMENT DATE : 22 May 2003

JUDGMENT OF : Simpson J DECISION : Notice of motion dismissed with costs

CATCHWORDS : defamation claim - documents on or relating to legal advice - legal professional privilege Defamation Act 1974, s7A LEGISLATION CITED : Local Government Act 1993, s10(2)(f) Evidence Act 1995 Attorney-General (NT) v Maurice (1986) 161 CLR 475 CASES CITED : Esso Australia Resouces Ltd v Commissioner of Taxation of the Commonwealth of Australia [1999] HCA 67; 201 CLR 49 Goldberg v Ng (1995) 185 CLR 83 Mann v Carnell [1999] HCA 66; 201 CLR 1 PARTIES : John Fairfax Publications Pty Ltd - Applicant Marrickville Council - Respondent FILE NUMBER(S) : SC 20360/97 COUNSEL : TD Blackburn - Applicant KG Odgers - Respondent SOLICITORS : Freehills - Applicant Grant Christmas - Respondent

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST

SIMPSON J

Thursday 22 May 2003

20360/97

Barry COTTER v JOHN FAIRFAX PUBLICATIONS PTY LTD

JUDGMENT 1 HER HONOUR: The subject matter of the present proceedings is a notice of motion served by the defendant, John Fairfax Publications Pty Ltd, upon the Marrickville Council ("the Council"), a stranger to the substantive proceedings. The plaintiff in the substantive proceedings is not involved in this application. The order sought in the notice of motion is that the Council produce for inspection all documents on or relating to legal advice provided to the Council by Phillips Fox (a firm of solicitors) in response to a resolution passed by the Council on 15 April 1997. The Council claims legal professional privilege in respect of the advice.