NSW Caselaw
New South Wales Supreme Court
CITATION : Limit (No 3) Limited v ACE Insurance Limited (No 3) [2009] NSWSC 1061
HEARING DATE(S) : 23 February 2009 JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Rein J
EX TEMPORE JUDGMENT DATE : 23 February 2009
Held there has been no waiver of privilege by the plaintiffs in respect of Documents 2 and 3. DECISION : Defendant's notice to produce seeking Documents 1 and 2 set aside because documents not relevant to any forensic purpose. Leave to rely on Mr Chuah's report of 13 February 2009 refused.
CATCHWORDS : EVIDENCE – facts excluded from proof – on grounds of privilege – waiver of privilege over documents containing legal professional advice – whether or not the gist of legal professional advice has been disclosed – whether or not the contents of that advice has any forensic purpose – whether or not privilege has been impliedly waived – whether or not it is 'reasonably necessary' to see advice provided to an expert in order to understand a draft report from that expert - PROCEDURE – application to rely on expert report which was served late – whether or not the expert report is of any forensic value
LEGISLATION CITED : Evidence Act 1995 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
Benecke v National Australia Bank (1993) 35 NSWLR 110 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Landmark Underwriting Agency Pty Limited v Kilborn [2006] NSWSC 1108 Mann v Carnell [1999] HCA 66 (1999) 201 CLR 1 CASES CITED : ML Ubase Holdings Co Ltd v Trigem Computer Inc [2007] NSWSC 859 Nine Films and Television Pty Ltd v Ninox Televisions Ltd [2005] FCA 356 R v Saleam [1999] NSWCCA 86 Shipley v Masu Financial Management Ltd [2008] NSWSC 1187 Sugden v Sugden [2007] NSWCA 312 SVI Systems Pty Limited v Best & Less Pty Limited [200] FCA 1507 Zisis v Knighton [2008] NSWCA 42 Zurich Insurance (Singapore) Pte Ltd v B-Gold Interior Design and Construction Pte Limited [2008] SGCA 27
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