Natuna Pty Ltd v Cook [2006] NSWSC 1367

New South Wales Supreme Court

CITATION : Natuna Pty Ltd v Cook [2006] NSWSC 1367

HEARING DATE(S) : 5 December 200 JUDGMENT OF : Biscoe AJ

EX TEMPORE JUDGMENT DATE : 12/05/2006

DECISION : Claim for privilege upheld.

CATCHWORDS : Evidence - client legal privilege - whether draft expert report privileged

LEGISLATION CITED : Evidence Act 1995 (NSW) ss 117, 119

Australian Securities and Investments Commission v Southcorp Ltd (2003) 46 ACSR 438 Brookfield v Yevad Products Pty Ltd [2006] FCA 1180 Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49 Filipowski v Island Maritime Ltd [2002] NSWLEC 177 CASES CITED : Interchase Corp Ltd (in liq) v Grosvenor Hill (Qld) Pty Ltd (No 1) [1999] 1 Qd R 141 Linter Group Ltd v Price Waterhouse (a firm) [1999] VSC 245 Mann v Carnell (1999) 201 CLR 1 Re Southland Coal Pty Ltd (rec & mgrs apptd) (in liq) (2006) 59 ACSR 87 Ryder v Frohlich [2005] NSWSC 1342

PARTIES : Natuna Pty Ltd (Plaintiff) Donald Thomas Cook (Defendant)

FILE NUMBER(S) : SC 2877/05

COUNSEL : Mr A Ogborne with Mr S Ipp (Plaintiff) Mr J Robson SC with Mr J Lazarus (Defendant)

SOLICITORS : Bruce Stewart Dimarco (Plaintiff) Colin Biggers & Paisley (Defendant)

- 11 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BISCOE AJ

5 December 2006

2877/05 NATUNA PTY LTD v DONALD THOMAS COOK EX TEMPORE JUDGMENT 1 HIS HONOUR: The defendant issued a notice to the plaintiff to produce at the trial, among other things, valuation reports or drafts prepared by or received by the plaintiff or its representatives in connection with certain lands which are at issue in these proceedings. Among the documents produced at the trial in response to the notice to produce are documents said to be, and which appear to be, draft valuation reports by two valuers. The first valuer is Mr Allsopp, whose valuation reports have been served in the proceedings. The second valuer is Mr Hoolihan, whose valuation report has not been served in the proceedings.