Martin John Green in his capacity as liquidator of Arimco Mining Pty Limited (in liquidation) v CGU Insurance Limited & Ors [2008] NSWSC 390

New South Wales Supreme Court

CITATION : Martin John Green in his capacity as liquidator of Arimco Mining Pty Limited (in liquidation) v CGU Insurance Limited & Ors [2008] NSWSC 390

HEARING DATE(S) : 23/4/08

JUDGMENT DATE : 1 May 2008

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : Application for disclosure of unredacted version of funding agreement to be dismissed.

CATCHWORDS : Privilege - Redacted Funding Agreement - Waiver of Privilege

LEGISLATION CITED : Evidence Act 1995

CATEGORY : Procedural and other rulings

Chartspike Pty Ltd (in liq) v Chahoud [2001] NSWSC 585 Esso Australia Resources Ltd v Commissioner of Taxation of the Cth of Australia (1999) 74 ALJR 339 Fiduciary Ltd & Ors v Morningstar Research Pty Ltd & Ors [unreported, White J, Supreme Court of New South Wales, 16 May 2007] CASES CITED : Fiduciary Ltd & Ors v Morningstar Research Pty Ltd & Ors [2004] NSWSC 644 Global Medical Imaging Management Limited (in liq), Re [2001] NSWSC 476. National Crime Authority v S (1991) 100 ALR 151 Ricard Constructions Pty Limited v Rickard Hails Moretti Pty Limited [2006] NSWSC 234

TEXTS CITED : "Legal Professional Privilege in Australia" by Dr R J Desiatnik (Prospect, 1999)

Martin John Green in his capacity as liquidator of Arimco Mining Pty Limited (in liquidation) (Plaintiff) PARTIES : CGU Insurance Limited (First Defendant) Litigation Lending Management Pty Limited [not yet joined]

FILE NUMBER(S) : SC 50177/04

Mr D Davies SC, Mr MS White (Plaintiff) COUNSEL : Mr R Macfarlan QC, Mr S Goodman (First Defendant) Mr M Ashhurst SC (Litigation Lending Management Pty Ltd )