Sugden v Sugden [2007] NSWCA 312

Reported Decision: 70 NSWLR 301

New South Wales Court of Appeal

CITATION: Sugden v Sugden [2007] NSWCA 312

HEARING DATE(S): 19 July 2007

JUDGMENT DATE: 1 November 2007

JUDGMENT OF: Mason P at 1; Ipp JA at 2; McDougall J at 3

DECISION: Appeal dismissed with costs.

CATCHWORDS: PROCEDURE – Production of documents on subpoena – Appellant (father of respondent) gives instructions on behalf of respondent to respondent's solicitor –Whether solicitor's file notes of those instructions are "privileged documents" – Where investigator retained by solicitor for respondent takes draft statement from appellant – Where draft statement later settled in conference by counsel for respondent – Whether draft statement is a "privileged document" – Where appellant on own account instructs solicitor in relation to police inquiries – Whether file notes of those instructions are "privileged documents". - EVIDENCE – Client legal privilege – Whether file notes and settled draft statement record confidential communications – Whether in any event file notes and settled draft statement are confidential documents. - EVIDENCE – Loss of client legal privilege – Related communications and documents – "Proper understanding" – Question, whether one document, is "reasonably necessary to enable a proper understanding" of another document, to be answered taking into account circumstances in which and purposes for which that "proper understanding" is required and other information available.

Evidence Act 1995 LEGISLATION CITED: Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules

Attorney-General for the Northern Territory v Maurice (1986) 161 CLR 475 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1998) 81 FCR 526 Aydin v Australian Iron and Steel Pty Limited [1984] 3 NSWLR 684 Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 Feuerheerd v London General Omnibus Co Ltd [1918] 2 KB 565 Flack v Pacific Press Ltd (1970) 14 DLR (3d) 334 CASES CITED: Grant v Downs (1976) 135 CLR 674 Jamison v The Government Insurance Office of New South Wales (1988) Aust. Torts Reports 80-214 Mann v Carnell (1991) 201 CLR 1 Nickmar Pty Ltd v Preservatrice Skandia Insurance Ltd (1985) 3 NSWLR 44 Raunio v Hills (2001) 116 FCR 518 State of New South Wales v Jackson [2007] NSWCA 729 Telebooth Pty Ltd v Telstra Corporation Ltd [1994] 1 VR 328 Towney v Minister for Land and Water Conservation (NSW) (1997) 76 FCR 401