NSW Caselaw
New South Wales Supreme Court
CITATION : Biseja Pty Ltd v NSI Group Pty Ltd [2006] NSWSC 1497 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 4 December 2006 JURISDICTION : Equity
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 12/04/2006
DECISION : Claim for privilege upheld. Waiver not established. ; Amendment Allowed.; Statement excluded.
CATCHWORDS : EVIDENCE – Privilege – litigation privilege – communications between lawyer and potential expert witness – Waiver – where document produced by expert on subpoena and access granted without objections – whether "knowing and voluntary disclosure". - PROCEDURE – Amendment – late amendment – where no prejudice. - EVIDENCE – prior representation – statement made in Building Adjudication between same parties – not admissible under ss 64 or 69.
LEGISLATION CITED : (NSW) Building and Construction Industry Security of Payment Act 1999 (NSW) Evidence Act 1995 ss 64, 69, 119, s 122
Ampolex Limited v Perpetual Trustee Co (Canberra) Limited (1996) 40 NSWLR 12 CASES CITED : Meltend Pty Ltd v Restoration Clinics of Australia Pty Ltd (1997) 75 FCR 511 ASIC v Rich [2004] NSWSC 934
PARTIES : Biseja Pty Ltd (plaintiff) NSI Group Pty Ltd (defendant)
FILE NUMBER(S) : SC 2969/06
COUNSEL : M Willmott SC w M Sneddon (plaintiff) G Moore w F Hicks (defendant)
SOLICITORS : L Capolupo & Co, Solicitors (plaintiff) William Costis & Associates (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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