Benjamin Charles Kuypers v Ashton Coal Operations Pty Ltd [2015] NSWSC 898

Supreme Court New South Wales

Medium Neutral Citation: Benjamin Charles Kuypers v Ashton Coal Operations Pty Ltd [2015] NSWSC 898 Hearing dates: 2 July 2015 Date of orders: 02 July 2015 Decision date: 02 July 2015 Jurisdiction: Common Law Before: Rothman J Decision: (1) The first defendant to produce document 41 ag as per the attached schedule marked "A" over which it has claimed privilege. Otherwise, all documents over which privilege is maintained, not otherwise waived, are subject to legal professional privilege. (2) Costs are costs in the cause. Catchwords: EVIDENCE – claim of legal professional privilege – investigation implemented by solicitors following incident at mine – privilege claim over investigation reports upheld – analysis of "diary note" of meeting with solicitors following incident and its privilege – privilege claim over diary note upheld Legislation Cited: Coal Mine Health and Safety Act 2002 (NSW) Evidence Act 1995 (NSW) Work Health and Safety Act 2011 (Cth) Cases Cited: Grant v Downs [1976] HCA 63; (1976) 135 CLR 674 Category: Procedural and other rulings Parties: Benjamin Charles Kuypers (Plaintiff) Ashton Coal Operations Pty Ltd (First Defendant) Silver City Drilling (NSW) Pty Ltd (Second Defendant) Representation: Counsel: B. Dooley SC (Plaintiff) R. Cavanagh SC/with O.Dinkha (First Defendant) A. Harris QC (Second Defendant)

Solicitors: Taylor & Scott Layers (Plaintiff) Curwoods Lawyers (First Defendant) Lee Legal Group (Second Defendant) File Number(s): 2012/393861 Publication restriction: None