White v The New South Wales Commissioner of Police [2012] NSWSC 1556

Supreme Court New South Wales

Medium Neutral Citation: White v The New South Wales Commissioner of Police [2012] NSWSC 1556 Hearing dates: 4 December 2012, 6 December 2012 Decision date: 14 December 2012 Jurisdiction: Common Law Before: Schmidt J Decision: Each party to bear its own costs. Catchwords: PROCEDURE - costs

EVIDENCE - documents seized by search warrant - legal professional privilege - parties agree no privilege in time sheets and ledger - privilege in file notes established Legislation Cited: Civil Procedure Act 2005 Crimes Act 1900 Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: Cook v Pasminco Pty Ltd (No 2) [2000] FCA 1819; (2000) 107 FCR 44 Grant v Downs [1976] HCA 63; (1976) 135 CLR 674 Lawcover Pty Ltd v The Commissioner of Police for New South Wales (New South Wales Supreme Court, Hodgson CJ in EQ, 28 November 1997, unreported) R v Cox and Railton (1884) 14 QBD 153 Category: Costs Parties: Leigh David White (Plaintiff) The New South Wales Commissioner of Police (First Defendant) Detective Senior Constable Scott Baker (Second Defendant) Representation: Counsel: Mr M Pesman (Plaintiff) Mr DT Kell (First and Second Defendants) Solicitors: Tully & Chiper Lawyers (Plaintiff) IV Knight, Crown Solicitor (Defendants) File Number(s): 2012/331665 Publication restriction: None