NSW Caselaw
New South Wales Supreme Court
CITATION : Ingrid Jacobs v Robert Higgins & Ors [2007] NSWSC 205 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 2 March 2007
JUDGMENT DATE : 19 March 2007
JURISDICTION : Common Law
JUDGMENT OF : Harrison J
DECISION : 1. The defendants' Notice of Motion filed 17 January 2007 be dismissed with costs.
CATCHWORDS : LEGAL PROFESSIONAL PRIVILEGE - implied waiver - documents relevant to an issue in the proceedings - claim against solicitors for professional negligence - whether documents relevant to separate legal advice about settlement of earlier proceedings
LEGISLATION CITED : Workers Compensation Act 1987
Esso Australia Resources Ltd v Commissioner of Taxation of the Commonwealth of Australia [1999] HCA 67 CASES CITED : Lillicrap v Nalder & Son [1993] 1 All ER 724 Telstra Corporation Ltd v BT Australia Pty Ltd (1998) 85 FCR 152 at 166
PARTIES : Ingrid Jacobs (Plaintiff) Robert Higgins, Stanislaus Carroll, John Michael O'Dea, Anthony James Baine, Howard Harrison, Peter Punch, Paul Carroll, Diana Farah, Michael Concannon, David de Carvalho t/as Carroll & O'Dea (Defendants)
FILE NUMBER(S) : SC 20452 of 2004
COUNSEL : D Higgs SC and S Walsh (Plaintiff) D Priestley (Defendants)
SOLICITORS : Maurice Blackburn Cashman (Plaintiff) Ebsworth & Ebsworth (Defendants)
- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
Harrison J
19 March 2007
20452/2004 Ingrid Jacobs v Robert Higgins & Ors
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