NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Casson v Leichhardt City Council [2011] NSWLEC 197 Hearing dates: 17 October 2011 Decision date: 17 October 2011 Jurisdiction: Class 3 Before: Craig J Decision: 1. Order that the respondent produce to the applicant the report to the Committee of the Whole of the Leichhardt Council dated December 2010 prepared by the Manager of Legal Services, by 4.00 pm today. 2. Costs are reserved. Catchwords: PROCEDURE - interlocutory application - claim for legal professional privilege over report presented to respondent Council - whether s 118 of the Evidence Act 1995 protects the report from being produced - whether dominant purpose test satisfied - dominant purpose not proved to be for legal advice - application dismissed - document to be produced to applicant. Legislation Cited: Evidence Act 1995
Legal Profession Act 1987
Local Government Act 1993
Roads Act 1993 Cases Cited: Balabel v Air India [1988] Ch 317
In re Southland Coal Pty Ltd (Receivers and Managers Appointed) (in liq) [2006] NSWSC 899; (2006) 203 FLR 1
General Manager, WorkCover Authority (NSW) v Law Society of New South Wales [2006] NSWCA 84; (2006) 65 NSWLR 502 Category: Interlocutory applications Parties: Judith Casson (Applicant) Leichhardt Council (Respondent) Representation: Mr M D Seymour (Applicant) Mr J E Lazarus (Respondent) Holman Webb (Applicant) Pikes Lawyers (Respondent) File Number(s): 30318 of 2011
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