Hastie Group Ltd (in liq) v Moore [2016] NSWCA 305

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hastie Group Ltd (in liq) v Moore [2016] NSWCA 305 Hearing dates: 26 October 2016 Decision date: 07 November 2016 Before: Beazley P at [1]; Macfarlan JA at [1]; Leeming JA at [70] Decision: In proceedings CA 2016/292976:

(1) Leave to appeal granted;

(2) Appeal allowed;

(3) The orders of McDougall J made 14 September 2016 be set aside insofar as they require the production of the Westworth Kemp report;

(4) Note that the Court does not make any order as to the costs of the appeal proceedings, including the summons for leave to appeal.

In proceedings CA 2016/297987:

(1) Leave to appeal granted;

(2) Appeal allowed in part;

(3) Order (5) made by Stevenson J on 26 September 2016 be set aside;

(4) Note that the Court does not make any order as to the costs of the appeal proceedings, including the summons for leave to appeal. Catchwords: PRACTICE AND PROCEDURE – privilege – client legal privilege – expert report prepared in process of attempting to obtain litigation funding – expert report provided to litigation funder – client legal privilege claimed pursuant to the Evidence Act 1995 (NSW), s 119 – whether report prepared for the dominant purpose of obtaining legal advice

PRACTICE AND PROCEDURE – privilege – waiver of privilege – implied waiver – what is required for implied waiver – where document referred to in affidavit – whether contents of document put in issue