Liu v Fairfax Media Publications Pty Ltd [2012] NSWSC 900

Supreme Court New South Wales

Medium Neutral Citation: Liu v Fairfax Media Publications Pty Ltd [2012] NSWSC 900 Hearing dates: 19/07/2012 Decision date: 09 August 2012 Before: Harrison AsJ Decision: (1) The documents in Group A and Group B are to be produced by the plaintiff to the defendant within 21 days; and (2) The plaintiff is to pay the defendant's costs as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE - claim of "without prejudice" privilege by plaintiff in relation to two distinct groups of documents - substantive action for defamation - UCPR r 21.5 - Evidence Act 1995 ss 131 and 131A - defendants dispute claim of privilege - reference to an attempt to negotiate the settlement of a criminal proceeding or an anticipated criminal proceeding - claim of public interest immunity - order to produce Legislation Cited: ASIC Regulatory Guide 100, Enforceable undertakings, issued February 2012 Australian Securities and Investments Commission Act 2001 (Cth) Crimes Act 1900 Corporations Act 2001 (Cth) Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: ASIC v Rich [2004] NSWSC 1089 GPI Leisure Corp Ltd v Yuill (1997) 42 NSWLR 225 Hong Kong Bank of Australia Ltd v Murphy (1992) 28 NSWLR 512 Jireh International Pty Ltd (t/as Gloria Jean's Coffees) v Western Export Services Inc (No 2) [2011] NSWCA 294 Moran v Moran (No 3) [2000] NSWSC 151 Roberts v Burns Philp Trustee Co Ltd (1985) 5 NSWLR 72 Ryan v Watkins [2005] NSWCA 426 Ryder v Frohlich [2006] NSWSC 1324 TransGrid v Members of Lloyds Syndicate 3210 [2011] NSWSC 301 Texts Cited: Evidence (Interim), Australian Law Reform Commission Report 26 Category: Procedural and other rulings Parties: Eugene Liu (Plaintiff) Fairfax Media Publications Pty Ltd (Defendant) Australian Securities and Investments Commission (Applicant) Representation: M Richardson (Plaintiff) T Blackburn SC (Defendant) File Number(s): 2010/350215