Bradley Phillip Ingram -v- Y Twelve Pty Limited [2013] NSWSC 928

Supreme Court New South Wales

Medium Neutral Citation: Bradley Phillip Ingram -v- Y Twelve Pty Limited [2013] NSWSC 928 Hearing dates: 4 July 2013 Decision date: 12 July 2013 Jurisdiction: Equity Division - Commercial List Before: Hammerschlag J Decision: There be general access to the documents described in paragraph 4 of the affidavit of Sarah Furlonger sworn 4 June 2013 Catchwords: EVIDENCE - PRIVILEGE - common interest legal privilege - whether directors of companies party to proceedings have a common interest with companies in legal advice given to the companies - held there was no common interest but only a single interest and no disclosure to the directors because in so far as the communications were with directors, they were no more than the guiding mind and will of the companies. Legislation Cited: Conveyancing Act 1919 (NSW) Evidence Act 1995 (NSW) Cases Cited: Network Ten Ltd v Capital Television Holdings Ltd (1995) 36 NSWLR 275 Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1995) 37 NSWLR 405 Black v Smallwood (1996) 117 CLR 52 Wheeler Grace & Pierucci Pty Ltd v Wright (1989) ATPR ¶40-940 Farrow Mortgage Services Pty Ltd (in liq) v Webb (1996) 39 NSWLR 601 Farrow Mortgage Services Pty Ltd (in liq) v Webb [1995] NSWSC 1787; (1995) 13 ACLC 1329 Kang v Kwan [2001] NSWSC 698 Category: Procedural and other rulings Parties: Bradley Phillip Ingram - First Plaintiff Representation: Counsel: C.E. Bannan - Plaintiffs A.F. Fernon - First Defendant Solicitors: Tress Cox Lawyers - Plaintiffs Yates Beaggi Lawyers - First Defendant File Number(s): 2012/396969