Southern Cross Airports Corporation Pty Ltd v Chief Commissioner of State Revenue [2011] NSWSC 254

Supreme Court New South Wales

Medium Neutral Citation: Southern Cross Airports Corporation Pty Ltd v Chief Commissioner of State Revenue [2011] NSWSC 254 Hearing dates: 6 April 2011 Decision date: 06 April 2011 Before: Gzell J Decision: Commercial communications and state of mind in relation to land valuation and its accord with agreed principles of valuation not privileged. Catchwords: EVIDENCE - Client Legal Privilege - whether drafts and filenotes of non-privileged communications are privileged - whether waived by disclosure - whether commercial communications are privileged - whether state of mind based on legal advice is part of the plaintiff's case Legislation Cited: Freedom of Information Act 1982 (Vic) Duties Act 1999 Cases Cited: Sugden v Sugden [2007] NSWCA 312; (2007) 70 NSWLR 301 Osland v Secretary, Department of Justice [2008] HCA 37; (2008) 234 CLR 275 AWB v Cole (No.5) [2006] FCA 1234; (2006) 155 FCR 30 Balabel v Air India [1988] Ch 317 Bailey v Director-General, Department of Land and Water Conservation [2009] NSWCA 100 Council of The New South Wales Bar Association v Archer [2008] NSWCA 164, (2008) 72 NSWLR 236 Wayne Lawrence Pty Ltd v Hunt [1999] NSWSC 1044 Category: Interlocutory applications Parties: Southern Cross Airports Corporation Pty Ltd (Plaintiff) Chief Commissioner of State Revenue (Defendant) Representation: Counsel: R Dick SC/D Hughes (Plaintiff) R Seiden/T Davy (Defendant) Solicitors: Freehills (Plaintiff) Crown Solicitor (Defendant) File Number(s): 2008/277254