CBX2 Pty Ltd v National Australia Bank [2015] NSWSC 943

Supreme Court New South Wales

Medium Neutral Citation: CBX2 Pty Ltd v National Australia Bank [2015] NSWSC 943 Hearing dates: 9 July 2015 Date of orders: 17 July 2015 Decision date: 17 July 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court proposes to order that:

(1) As documents referred to in paragraphs [1] to [4] of the notice to produce issued by National Australia Bank Limited to CBX2 dated 4 June 2015 have been produced to the Court, access is granted to National Australia Bank Limited to those documents.

(2) Costs are reserved. Catchwords: CIVIL PROCEDURE – notice to produce – whether documents sought are relevant to security for costs motion and sought for a legitimate forensic purpose - whether documents sought are privileged under s 119 of the Evidence Act 1995 (NSW) – whether documents produced for the dominant purpose of the plaintiff being provided with professional legal services – whether memoranda of fees, bills of costs, solicitors trust account ledgers, costs agreements and retainers attract privilege Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: CSR Ltd v Eddy (2008) 70 NSWLR 725; [2008] NSWCA 83 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Lake Cumbeline Pty Ltd v Effem Foods Pty Ltd (t/as Uncle Ben's of Australia) (1994) 126 ALR 58 Norris v Kandiah [2007] NSWSC 1296 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Southland Coal Pty Ltd (rec and mgrs apptd) (in liq) (2006) 203 FLR 1; [2006] NSWSC 899 Texts Cited: Cross on Evidence (9th Aust Ed, 2013) Category: Procedural and other rulings Parties: CBX2 Pty Ltd ABN 401 056 530 94 (Plaintiff) National Australia Bank (Defendant) Representation: Counsel: A McQuillen (Plaintiff) P Reynolds (Defendant)