NSW Caselaw
New South Wales Court of Appeal
CITATION: Harden Shire Council v Curtis [2009] NSWCA 179
HEARING DATE(S): 29/06/2009
JUDGMENT DATE: 21 July 2009
JUDGMENT OF: Hodgson JA at 1; Campbell JA at 2; Handley AJA at 3
(1) Leave to appeal granted. (2) Notice of appeal to be filed and served within 10 days. Otherwise dispense with further compliance with the rules. (3) Appeal allowed in part. DECISION: (4) Leave to cross appeal granted. (5) Dispense with further compliance with the rules. (6) Cross appeal dismissed. (7) Order that a redacted copy of the memorandum of the General Manager of the Council of 18 January 2005 in the form provided to the legal representatives of the parties at the time of delivering these reasons, be deemed to have been produced, as on subpoena, to the solicitors for the respondent. (8) Respondent to pay the appellant's costs of the appeal and cross appeal, but have a certificate under the Suitors Fund Act with respect to the cost of the appeal.
CATCHWORDS: CLIENT LEGAL PRIVILEGE - dominant purpose - non privileged document reproducing privileged communication.
LEGISLATION CITED: Evidence Act 1995
CATEGORY: Procedural and other rulings
CASES CITED: AWB Ltd v Cole (2006) 232 ALR 743 Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501
PARTIES: Harden Shire Council ACN 563 306 165 - Applicant/Cross-Respondent John Curtis - Respondent/Cross-Applicant
FILE NUMBER(S): CA 40439/08
COUNSEL: R Sheldon and G Glascott - Applicant/Cross-Respondent H Marshall SC and AS Macri - Respondent/Cross-Applicant
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate