NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sprayworx Pty Ltd v Homag Pty Ltd [2014] NSWSC 833 Hearing dates: 02/06/2014 Decision date: 24 June 2014 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The notice to produce issued by the defendant to the plaintiffs dated 25 November 2013 is set aside. (2) The defendant is to pay the plaintiffs' costs as agreed or assessed. (3) The confidential documents belonging to the plaintiffs are to be returned to its solicitors forthwith. Catchwords: PRACTICE AND PROCEDURE - notice to produce - expert's reports - draft expert reports and communications between the expert and the party retaining them and their solicitors - application to set aside notice to produce
EVIDENCE - client legal privilege - privileged material - whether there is a waiver of client legal privilege for draft expert reports and communications between the expert and the party retaining the expert by the party seeking to rely on the final expert report in the proceedings Legislation Cited: Corporations Act 2001 (Cth) Evidence Act 1995 (NSW), Pt 3.10, ss 117, 118, 119, 122, 126, 131A, Uniform Civil Procedure Rules 2005 (NSW), rr 21.11, 31.27, 33.4, Sch 7 Cases Cited: Australian Securities and Investments Commission v Southcorp Ltd [2003] FCA 804; (2003) 46 ACSR 438 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 ML Ubase Holdings Co Ltd v Trigem Computer Inc [2007] NSWSC 859; (2007) 69 NSWLR 577 New Cap Reinsurance Corporation Ltd (In Liq) v Renaissance Reinsurance Ltd [2007] NSWSC 258 Shea v TruEnergy Services Pty Ltd (No 5) [2013] FCA 937; (2013) 303 ALR 230 Sugden v Sugden [2007] NSWCA 312; (2007) 70 NSWLR 301 Category: Procedural and other rulings Parties: Sprayworx Pty Ltd (First Plaintiff) Nelson Pinto (Second Plaintiff) George Kanios (Third Plaintiff) Homag Australia Pty Ltd (Defendant) Representation: Counsel: R J Brender (First, Second and Third Plaintiffs) P Afshar (Defendant) Solicitors: Tomaras Lawyers (First, Second and Third Plaintiffs) Scheizer Kobras (Defendant) File Number(s): 2012/141255 Publication restriction: Nil
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