NSW Caselaw
New South Wales Supreme Court
CITATION : Green v AMP Life [2005] NSWSC 95
HEARING DATE(S) : 16 February 2005
JUDGMENT DATE : 16 February 2005
JURISDICTION : Equity
JUDGMENT OF : Campbell J
DECISION : Documents privileged
CATCHWORDS : EVIDENCE - facts excluded from proof - client legal privilege - whether copies of documents not themselves privileged which are provided to a solicitor for the purpose of obtaining advice are privileged under Evidence Act 1995 - whether drafts of transaction documents prepared by a solicitor are privileged under Evidence Act 1995 - exception to privilege in section 121(3) Evidence Act 1995 concerning "a communication or document that affects a right of a person"
LEGISLATION CITED : Evidence Act 1995
Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 Dalleagles Pty Ltd v Australian Securities Commission (1991) 6 ACSR 498 Glass v Demarco [1999] FCA 482 CASES CITED : Lakatoi v Walker [1999] NSWSC 156 Packer v Deputy Commissioner of Taxation (Queensland) (1985) 55 ALR 242 R v P (2001) 53 NSWLR 664 Talbot v NRMA Ltd [2000] NSWSC 602
Gary Sydney Green - Plaintiff/Cross-Defendant AMP Life Ltd - First Defendant/Cross-Claimant PARTIES : Roger Patterson - Second Defendant/Second Cross-Claimant John Kelly - Third Defendant/Third Cross-Claimant Kevin McLean - Fourth Defendant/Fourth Cross-Claimant
FILE NUMBER(S) : SC 3268/04
M J Heath - Plaintiff/Cross-Defendant COUNSEL : N Perram - Defendants/Cross-Claimants
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