NSW Caselaw
New South Wales Supreme Court
CITATION : Shiree Donna WILESMITH v CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS [2006] NSWSC 936 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 11 September 2006
JUDGMENT DATE : 15 September 2006
JURISDICTION : Common Law - Administrative Law List
JUDGMENT OF : Associate Justice Malpass
DECISION : Decision and orders made by Assistant Registrar Howe on 13 April 2006 are set aside.; Defendant to have access to relevant documents. Plaintiff to pay costs of both Notices of Motion.
CATCHWORDS : Review or Appeal - legal professional privilege - waiver - r. 31.2 (evidence to be given by affidavit) - filing and service of affidavit - compulsion of law.
LEGISLATION CITED : Limitation Act 1969 (NSW); Uniform Civil Procedure Rules 2005 (NSW); Evidence Act 1995 (NSW).
PARTIES : Shiree Donna WILESMITH (Plaintiff) CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS (Defendant)
FILE NUMBER(S) : SC 13579 of 2004
COUNSEL : Mr E. G. Romaniuk (Plaintiff) Mr P. T. Taylor SC (Defendant)
SOLICITORS : Farrell Lusher (Plaintiff) Hunt & Hunt (Defendant)
LOWER COURT JURISDICTION : Supreme Court
LOWER COURT FILE NUMBER(S) : 13579/04
LOWER COURT JUDICIAL OFFICER : Howe AR
LOWER COURT DATE OF DECISION : 13 April 2006
LOWER COURT MEDIUM NEUTRAL CITATION : Shiree Donna Wilesmith v Church of Jesus Christ of Latter-Day Saints
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
Associate Justice MALPASS
15 September 2006
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