TransGrid v Members of Lloyds Syndicate 3210 [2011] NSWSC 301

Supreme Court New South Wales

Medium Neutral Citation: TransGrid v Members of Lloyds Syndicate 3210 [2011] NSWSC 301 Hearing dates: 8 April 2011 Decision date: 13 April 2011 Jurisdiction: Equity Division - Technology and Construction List Before: Ball J Decision: See paragraph 18 of the judgment Catchwords: EVIDENCE - privilege - client legal privilege - whether a consultant is an agent for the purposes of privilege - whether documents received in capacity as agent. PROCEDURE - applicability of common law or UCPR and Evidence Act to question of whether documents produced in answer to a subpoena subject to client legal privilege - UCPR r 1.9 and s 131A of the Evidence Act 1995. Legislation Cited: Evidence Act 1995 Uniform Civil Procedure Rules Cases Cited: Carbotech-Australia Pty Ltd v Yates [2008] NSWSC 1151 Meteyard v Love [2005] NSWCA 444 Pratt Holdings Pty Ltd v Commissioner of Taxation [2004] FCAFC 122 (2004) 136 FCR 357 Westpac Banking Corporation v 789TEN Pty Ltd [2005] NSWCA 321 Texts Cited: S Odgers, Uniform Evidence Law (2010) 9th ed, Thomson Reuters Category: Procedural and other rulings Parties: TransGrid (Plaintiff) URS Australia Pty Ltd (Fourteenth Defendant) Representation: Counsel: M S White (Plaintiff) D T Miller ((Fourteenth Defendant) Solicitors: Doyles Construction Lawyers (Plaintiff) URS Australia Pty Ltd (Fourteenth Defendant) File Number(s): 2008/290561