National Australia Bank v Sayed (No. 5) [2016] NSWSC 669

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank v Sayed (No. 5) [2016] NSWSC 669 Hearing dates: 13 May 2016 Date of orders: 27 May 2016 Decision date: 27 May 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) The First Defendant's Notice of Motion filed 4 March 2016 is dismissed (2) The First Defendant is to pay the Plaintiff's costs of the Motion. Catchwords: PROCEDURE – amendment – application to amend cross-claim – cross-claimant previously represented – proposed cross-claim drafted by cross-claimant acting for himself – failure to comply with rules for amendment – attempt to reintroduce matters expressly abandoned previously – attempt to plead matters previously determined in the proceedings adverse to the cross-claimant – res judicata - Anshun estoppel DISCOVERY AND INTERROGATORIES – claim for client legal privilege – implied waiver – Evidence Act 1995 (NSW) s 122 – whether inconsistency between pleading and maintenance of confidentiality – no waiver demonstrated Legislation Cited: Australian Securities And Investments Commission Act 2001 (Cth) Civil Procedure Act 1995 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Attorney General (Northern Territory) v Maurice (1986) 161 CLR 475 Council of the New South Wales Bar Association v Archer [2008] NSWCA 164; (2008) 72 NSWLR 236 Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 National Australia Bank Limited v Sayed (No 4) [2015] NSWSC 420 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589 Sayed v National Australia Bank Limited [2013] NSWCA 304 Telstra Corporation Ltd. v. BT Australia Pty. Ltd. (1998) 85 FCR 152; 156 ALR 634 Wayne Lawrence Pty. Limited v. Hunt & Ors. t/a Hunt Musgrave & Peach [1999] NSWSC 1044 Category: Procedural and other rulings Parties: National Australia Bank Ltd (Plaintiff) Bilal Sayed (Cross-Claimant) Representation: Counsel: G Lucarelli (Plaintiff/Cross-Defendant) M R Hall SC (Cross-Claimant)