Levy v Bablis [2012] NSWCA 157

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Levy v Bablis [2012] NSWCA 157 Hearing dates: 24 May 2012 Decision date: 30 May 2012 Before: Beazley JA Decision: Uphold the claim for privilege in respect of the documents produced pursuant to subpoena dated 2 September 2011 addressed to MacGillivrays and order that the appellant Mr Levy not have access to those documents. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE & PROCEDURE - Interlocutory application - Application for leave to adduce fresh and further evidence on appeal

EVIDENCE - Subpoena to produce documents - Claim of legal professional privilege over subpoenaed documents - Whether the documents were privileged - Copies of documents submitted to legal advisers for legal advice are privileged - Waiver of privilege - Originals not privileged Cases Cited: Commissioner Australian Federal Police v Propend Finance Pty Ltd [1997] HCA 3; 188 CLR 501 Mann v Carnell [1999] HCA 66; 201 CLR 1 Category: Interlocutory applications Parties: Julian Emmanuel Levy (Appellant) Peter Bablis (Respondent) Representation: Counsel: P Menzies QC; B K Nolan (Appellant) M Raine (sol) (Respondent) M Condon (Sherwood Group) Solicitors: Tsolakis Solicitors (Appellant) Minter Ellison (Respondent) File Number(s): CA 2006/260173 Publication restriction: No Decision under appeal Citation: Julian Emmanuel Levy v Peter Bablis & Anor [2011] NSWSC 461 Date of Decision: 2011-05-19 00:00:00 Before: Slattery J File Number(s): 2006/260173