Nicolaou v Truman Facilities Pty Limited [2014] NSWSC 1459

Supreme Court New South Wales

Medium Neutral Citation: Nicolaou v Truman Facilities Pty Limited [2014] NSWSC 1459 Hearing dates: 5 November 2013 Decision date: 24 October 2014 Jurisdiction: Common Law Before: Hidden J Decision: Motion dismissed Catchwords: DISCOVERY - client legal privilege - proceedings for professional negligence against accountant, solicitors - whether implied waiver of privilege by the nature of the case pleaded Legislation Cited: Conveyancing Act 1919 Evidence Act 1995 Cases Cited: Artistic Builders Pty Ltd v Nash [2009] NSWSC 102 DSE (Holdings) Pty Ltd v Intertan Inc [2003] FCA 384, 127 FCR 499 Esso Australia Resources Pty Ltd v BHP Billiton Petroleum (Bass Strait) Pty Ltd [2007] VSCA 224 Giannarelli v Wraith [No 2] (1990-91) 171 CLR 592 Lillicrap and another v Nalder & Son (a firm) [1993] 1 All ER 724 Mann v Carnell [1999] HCA 66, 201 CLR 1 Paragon Finance Pty Limited v Freshfields [1999] 1 WLR 1183 Category: Interlocutory applications Parties: Anastasios Nicolaou (1st plaintiff) Asclepius Medical Services Pty Limited (2nd plaintiff) Nicolaou and Stephanos Investments Pty Limited atf the Nicolaou Family Trust (3rd plaintiff) Truman Facilities Pty Limited (1st defendant) Ronald William Gorick (2nd defendant) Geoffrey John Adelstein (3rd defendant) Tom Anthony Doumanis (4th defendant) Arnold Joel Conyer (5th defendant) Lucas Jupiter Kanakis (6th defendant) Phillip Barry Meisner (7th defendant) Michael John Schneider (8th defendant) John Brian Stinson (9th defendant) Representation: Counsel: TGR Parker with J Emmett (1st to 3rd plaintiffs) DA McLure (1st defendant) Ms N Thiru (2nd to 9th defendants) Solicitors: Brenden John Miller, Garland Hawthorn Brahe Solicitors (1st to 3rd plaintiffs) Stephen Connell, Gilchrist Connell (1st defendant) Kerry Hogan-Ross, DLA Piper Australia (2nd to 9th defendants) File Number(s): 2012/136771