Feridun Akcan v Gabriel Cross [2013] NSWSC 403

Supreme Court New South Wales

Medium Neutral Citation: Feridun Akcan v Gabriel Cross [2013] NSWSC 403 Hearing dates: 14 March 2013 Decision date: 15 March 2013 Jurisdiction: Equity Division Before: Rein J Decision: Section 118 of the Evidence Act 1995 (NSW) does not prevent evidence being given by a barrister, Mr McCrudden (said by the plaintiff to have been jointly retained by himself and the defendants), as to what was said by the defendants at a conference at which they all attended. Section 124 is intended to confirm the common law position that a party who has jointly retained a barrister or solicitor is not excluded on the ground of legal professional privilege. Catchwords: EVIDENCE - sections 118 and 124 of the Evidence Act 1995 (NSW) - admissibility of admissions made by a party to a barrister previously retained jointly by the parties Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Baker v Campbell (1983) 153 CLR 52 Farrow Mortgage Services Pty Ltd in Liq v Webb (1996) 39 NSWLR 601; (1996) 132 FLR 466; (1996) 14 ACLC 1240 Hellenic Mutual War Risks Association (Bermuda) Ltd v Harrison (The Sagheera) [1997] 1 Lloyd's Rep 160 Re Konigsberg (a bankrupt), ex parte the Trustee v Konigsberg [1989] 3 All ER 289; [1990] Fam Law 94; [1989] NLJR 1302; [1989] 1 WLR 1257 Mann v Carnell (1999) 201 CLR 1; (1999) 168 ALR 86; (1999) 74 ALJR 378; (1999) 21(1) Leg Rep 13; (2000) Aust Torts Reports 81-539, [1999] HCA 66 Mercantile Mutual Insurance (NSW Workers Compensation) Ltd v Murray [2004] NSWCA 151; (2004) 13 ANZ Ins Cas 61-612 Sharjade Pty Ltd v RAAF Landings (formerly Darwinia Estate Pty Ltd) [2008] NSWSC 151 Texts Cited: Bankim Thanki QC (ed), The Law of Privilege, 2nd ed, 2011, Oxford University Press J.D. Heydon Cross on Evidence, March 2013, LexisNexis Stephen Odgers SC, Uniform Evidence Law, 10th Edition, 2012, Thomson Reuters Category: Interlocutory applications Parties: Feridun Akcan (plaintiff) Gabriel Cross (first defendant) Rosabele Cross (second defendant) Representation: Counsel: Mr M. Evans (plaintiff) Mr P. Silver (first and second defendant) Solicitors: ELG Legal (plaintiff) Argyle Lawyers (first and second defendant) File Number(s): 2010/40732