Building Insurers' Guarantee Corp v A&MI Hanson Pty Ltd & Ors [2006] NSWSC 381

New South Wales Supreme Court

CITATION : Building Insurers' Guarantee Corp v A&MI Hanson Pty Ltd & Ors [2006] NSWSC 381 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 7 April 2006

JUDGMENT DATE : 7 April 2006

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 04/07/2006

DECISION : I order that the respondent Colin Biggers & Paisley Solicitors pay the applicant/plaintiff's costs of the motion filed on 28 March 2006.; I decline to make any order for costs of the fifth cross-defendant.

CATCHWORDS : EVIDENCE – Privilege – non-privilege documents communicated to lawyer for advice do not thereby gain privilege – COSTS – where solicitors unsuccessfully maintain claim of privilege in respect of former client's documents

LEGISLATION CITED : Evidence Act 1995 (NSW), s 119

PLAINTIFF Building Insurers' Guarantee Corporation (P)

DEFENDANTS A&MI Hanson Pty Ltd (ACN 001 838 697) (D1) Baykeel Pty Ltd (ACN 003 950 598) (D2) 85 Spring Street Properties Pty Ltd (ACN 005 822 275) (D3)

FIRST CROSS-CLAIM A&MI Hanson Pty Ltd (ACN 001 838 697) (Cross-Claimant to First Cross-Claim) Baykeel Pty Ltd (ACN 003 950 598) (Cross-Defendant to First Cross-Claim)

SECOND CROSS-CLAIM A&MI Hanson Pty Ltd (ACN 001 838 697) (Cross-Claimant to Second Cross-Claim) PARTIES : 85 Spring Street Properties Pty Ltd (ACN 005 822 275) (Cross-Defendant to Second Cross-Claim)