Artistic Builders Pty Ltd and Anor v Nash and Ors [2009] NSWSC 102

New South Wales Supreme Court

CITATION : Artistic Builders Pty Ltd and Anor v Nash and Ors [2009] NSWSC 102

HEARING DATE(S) : 14/11/2008; 26/02/2009

JUDGMENT DATE : 6 March 2009

JUDGMENT OF : Hoeben J

I order the plaintiffs to produce for inspection by the 1st to 4th defendants: (a) Those documents in paragraph 5 of the affidavit of Robert Bruce Henry Schneider, dated 17 September 2008, which are relevant to a matter in issue on the pleadings between the plaintiffs and the 11th to 17th defendants. DECISION : (b) Exhibit "RBHS1" to that affidavit. I make the declaration sought by the Eleventh to Seventeenth Defendants. Plaintiffs to pay the costs of motions.

CATCHWORDS : EVIDENCE - action by clients against former solicitors - client legal privilege - s 122 of Evidence Act 1995 - whether client legal privilege lost - importance of pleadings - applicability of tests of relevance and fairness - PRACTICE - discovery of documents - client legal privilege - principles applicable to claims by clients against former solicitors

Evidence Act 1995 LEGISLATION CITED : Fair Trading Act 1987 Limitation Act (NSW) 1969

CATEGORY : Procedural and other rulings

Bayliss v Cassidy (No 2) [2000] 1 Qd R 464 Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341 Council of the NSW Bar Association v Archer [2008] NSWCA 164 Lillicrap and Anor v Nalder & Son [1993] 1 All ER 724; [1993] 1 WLR 94 CASES CITED : Mann v Carnell (1999) 201 CLR 1 Paragon Finance Pty Limited v Freshfields [1999] 1 WLR 1183 at 1188D Seven Network Limited and Anor v News Limited and Ors [2005] 227 ALR 704 SQMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 241; (2004) 205 ALR 392 Telstra Corporation Ltd v BT Australasia Ltd (1998) 85 FCR 152