Hallett v Endeavour Industries Ltd [2016] NSWSC 886

Supreme Court New South Wales

Medium Neutral Citation: Hallett v Endeavour Industries Ltd [2016] NSWSC 886 Hearing dates: 24 June 2016 Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Common Law Before: Rothman J Decision: 1. The Court determines that the following documents enumerated in MW2 to the Affidavit of Melanie Wilde of 15 June 2016 are not and cannot be the subject of legal professional privilege by the defendant against the first plaintiff and the Unit Trust: 2, 3, 4, 5, 6, 7, 9, 12, 13, 16, 25, 26, 27, 42, 54, 58 and 61;

2. The above documents be produced to the Court;

3. Other documents in the aforesaid MW2 be returned to the defendant. Catchwords: PRACTICE AND PROCEDURE – subpoenas – legal professional privilege – onus of proof – allegation of joint client and therefore privilege does not run – joint client in some respects and in other respects a wholly independent relationship – documents inspected and rulings on documents given. Legislation Cited: Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 5) [2006] FCA 1234; (2006) 155 FCR 30 Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 Category: Procedural and other rulings Parties: Keith Martin Hallett (First Plaintiff) Elisabeth Sigrid Hallett (Second Plaintiff) K. M & E. S Hallett Pty Ltd (Third Plaintiff) Endeavour Industries Ltd (Defendant) Representation: Counsel: F Assaf (Plaintiff) D Hughes (Defendant)