Owners Strata Plan No 68372 v Allianz Australia Insurance Ltd [2014] NSWSC 223

Supreme Court New South Wales

Medium Neutral Citation: Owners Strata Plan No 68372 v Allianz Australia Insurance Ltd [2014] NSWSC 223 Hearing dates: 18 February 2014 Decision date: 12 March 2014 Jurisdiction: Equity Division Before: Robb J Decision: (1)That, pursuant to UCPR 33.4, the following subpoenas be set aside: (a)Subpoena to SCL Crisp Legal Pty Ltd t/as Crisp legal filed on 6 February 2014 (b)Subpoena to Dr Andrew Baigent filed on 6 February 2014. (2)That the respondent pay the applicant's costs of this application. Catchwords: PROCEDURE - Subpoenas - Application to set aside - Waiver of legal professional privilege - Was privilege waived by failure of counsel to object to questions in cross-examination? Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Evidence Act 1995 (NSW) ss 122(2), (3) Cases Cited: Spedley Securities Ltd (in liq) v Bank of New Zealand (1991) 26 NSWLR 711 Global Medical Imaging Management Ltd (in liq) v Australian Mezzanine Investments Pty Ltd [2003] NSWSC 430 Singapore Airlines v Sydney Airports Corporation [2004] NSWSC 380 Landmark Underwriting Agency Pty Ltd v Kilborn [2006] NSW SC 1108 Texts Cited: J D Heydon, Cross on Evidence, (9th ed, 2012, Lexis Nexis) Category: Procedural and other rulings Parties: The Owners Strata Plan no 68372 (plaintiff) Allianz Australia Insurance Limited (first defendant) Vero Insurance Ltd (second defendant) GEO Developments Pty Ltd (third defendant) Geotech Testing Pty Limited (fourth defendant) Representation: Counsel: D Neggo (plaintiff) D Hughes (third defendant) Solicitors: Crisp Legal Pty Ltd (plaintiff) Arnold Bloch Leibler (third defendant) File Number(s): 2007/266664