Gillett v Nelson [2014] NSWSC 115

Supreme Court New South Wales

Medium Neutral Citation: Gillett v Nelson [2014] NSWSC 115 Hearing dates: 19 February 2014 Decision date: 25 February 2014 Jurisdiction: Equity Division Before: Darke J Decision: Privilege has not been lost in respect of a draft legal advice. Catchwords: EVIDENCE - client legal privilege - loss of privilege - whether for purposes of s121(1) Evidence Act 1995 deceased person is "a client or party who has died"

EVIDENCE - client legal privilege - loss of privilege - whether for purposes of s122(2) Evidence Act 1995 client or party acted inconsistently with objecting to disclosure of draft legal advice - advice referred to in evidence - whether for the purposes of s122(3) Evidence Act 1995 client or party knowingly and voluntarily disclosed the substance of draft legal advice - content of advice not referred to Legislation Cited: Succession Act 2006 Evidence Act 1995 Cases Cited: Archer Capital 4A Pty Ltd v Sage Group plc (No. 3) [2013] FCA 1160 d'Apice v Gutkovich [2010] NSWSC 1336 Expense Reduction Analysts Group Limited v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 Fenwick v Wambo Coal Pty Limited (No.2) [2011] NSWSC 353 Landmark Underwriting Agency Pty Limited v Kilborn [2006] NSWSC 1108 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 66 RinRim Pty Limited v Deutsche Australia Limited [2013] NSWSC 1654 Standard Chartered Bank of Australia Limited v Antico (1993) 36 NSWLR 87 Traderight (NSW) Pty Ltd v Bank of Queensland [2013] NSWSC 211 Category: Procedural and other rulings Parties: Annette Carol Gillett (Plaintiff)