NSW Caselaw
New South Wales Supreme Court
CITATION : Fletcher v Davidson [2007] NSWSC 68
HEARING DATE(S) : 2 February 2007
JUDGMENT DATE : 13 February 2007
JURISDICTION : Common Law Division Professional Negligence List
JUDGMENT OF : Studdert J
DECISION : 1. Order that the defendant, within twenty-eight days, serve upon the plaintiff a further list of documents in which in Pt 1B(i) the defendant identifies those documents in respect of which there appears to be an entitlement to claim privilege. 2. Order that the supporting affidavit of the defendant states in respect of any document concerning which there appears to be an entitlement to make the claim for privilege the facts relied on as supporting the apparent entitlement. 3. On the defendant's notice of motion, the requirements of r 21.3 and r 21.4 are varied to the extent I have indicated but the defendant's notice of motion is otherwise stood over generally with liberty to restore on three days notice. 4. Order that the defendant pay the plaintiff's costs of the plaintiff's notice of motion.
LEGISLATION CITED : Uniform Civil Procedure Rules, Pt 21, r 21 Civil Procedure Act, s 14
Guinness Peat Limited v Fitzroy Robinson (1987) 1 WLR 1027 Kang v Kwan & Ors [201] NSWSC 698 CASES CITED : Lake Cumberline Pty Limited v Effem Foods Pty Limited (1994) 126 ALR 58 Seven Network Limited v News Limited [2005] FCA 142 Swaab v Commissioner of New South Wales Police Service [2005] NSWSC 901
PARTIES : Stephen Charles Fletcher (Plaintiff) Mark Davidson (t/as Davidsons Solicitors)
FILE NUMBER(S) : SC 20279/06
COUNSEL : P. Menadue (Plaintiff) J. Downing (Defendant)
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