National Australia Bank Ltd v C & O Voukidis Pty Ltd (No. 2) [2015] NSWSC 258

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Ltd v C & O Voukidis Pty Ltd (No. 2) [2015] NSWSC 258 Hearing dates: 6 March 2015 Date of orders: 20 March 2015 Decision date: 20 March 2015 Before: Davies J Decision: 1. Dismiss the Plaintiff's application for access to the material produced in answer to the subpoena issued to Carneys Lawyers on 14 November 2014.

2. The Plaintiff is to pay the Fourth Defendant's costs of the application. Catchwords: EVIDENCE – documents – confidential documents client legal privilege – defendant swears affidavit concerning advice by former solicitor – affidavit served for purpose of interlocutory motion to amend pleadings – affidavit not relied on at interlocutory hearing – plaintiff issues subpoena to obtain documents associated with advice – claim for privilege – refusal to allow defendant to litigate issues on which advice given - whether privilege waived – whether documents can be relied on for matters of credit only – privilege not waived Legislation Cited: Contracts Review Act 1980 (NSW) Evidence Act 1995 (NSW) Cases Cited: Banksia Mortgages Ltd v Croker [2010] NSWSC 535 Bennett v Chief Executive Officer of the Australian Customs Service [2003] FCA 53; (2003) 77 ALD 375 Bennett v Chief Executive Officer of the Australian Customs Service [2004] FCAFC 237; (2004) 140 FCR 101 Cooper v Hobbs [2013] NSWCA 70 Council of the New South Wales Bar Association v Archer [2008] NSWCA 164; (2008) 72 NSWLR 236 Liristis v Gadelrabb [2009] NSWSC 441 Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 National Australia Bank Ltd v C & O Voukidis Pty Ltd [2015] NSWSC 185 Osland v Secretary, Department of Justice [2008] HCA 37; (2008) 234 CLR 275 Re Colonial Mutual Life Assurance Society v Department of Resources and Energy (1987) 12 ALD 251 Standard Chartered Bank of Australia v Antico (1993) 36 NSWLR 87 Weston (as special purpose liquidator of One.Tel Ltd) v News Ltd [2010] NSWSC 1288 Category: Procedural and other rulings Parties: National Australia Bank Ltd (Plaintiff) Olga Voukidis (Fourth Defendant) Representation: Counsel: P Reynolds (Plaintiff) P Afshar (Fourth Defendant)