NSW Caselaw
New South Wales Supreme Court
CITATION : Gillies v Downer EDI Limited [2010] NSWSC 1323
HEARING DATE(S) : On the papers
JUDGMENT DATE : 3 December 2010
JUDGMENT OF : Garling J
DECISION : 1. Downer is to produce an unredacted copy of the letter dated 15 May 2008 from Deloitte Touche Tohmatsu to the Australian Taxation Office. 2. Downer's notice of motion dated 22 October 2010 is dismissed.
CATCHWORDS : EVIDENCE – Client legal privilege – Waiver of privilege – Where the defendant made a voluntary disclosure to the Australian Tax Office – Where an expert witness was briefed with a copy of that voluntary disclosure letter – Where the expert's report refers to the contents of the voluntary disclosure letter – Where the defendant has served the expert report on the plaintiff – Where the defendant now claims client legal privilege over part of the voluntary disclosure letter – Whether the unredacted parts of the letter could properly be understood in the absence of the redacted parts. - EVIDENCE – Client legal privilege – Waiver of privilege – Where the plaintiff in his affidavit refers to receipt of legal advice from his solicitor in conference – Where the solicitor kept a file note of the conference – Whether the plaintiff has waived privilege over all advice received, and the entire file note of the solicitor.
Evidence Amendment Act 2007 LEGISLATION CITED : Evidence Act 1995 Income Tax Assessment Act 1936 (Cth) Taxation Administration Act 1953 (Cth)
CATEGORY : Procedural and other rulings
Akins v Abigroup Ltd (1998) 43 NSWLR 539 Bailey v Director-General, Department of Land and Water Conservation (2009) 74 NSWLR 333 Bailey v Director-General, Department of Land and Water Conservation (2009) 74 NSWLR 333 CASES CITED : Dubbo City Council v Barrett [2003] NSWCA 267 Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283 Mann v Carnell (1999) 201 CLR 1 New Cap Reinsurance Corporation Ltd (in Liq) v Renaissance Reinsurance Ltd [2007] NSWSC 258 Sevic v Roarty (1998) 44 NSWLR 287
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