North Shore Real Estate Pty Ltd v Real Estate Property Management Services Pty Ltd (No 2) [2017] NSWDC 77

District Court New South Wales

Medium Neutral Citation: North Shore Real Estate Pty Ltd v Real Estate Property Management Services Pty Ltd (No 2) [2017] NSWDC 77 Hearing dates: 6 March 2017 – 7 March 2017; 16 March 2017 Date of orders: 30 March 2017 Decision date: 30 March 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The documents numbered 1, 2, 3, 4, 24, 26, 27, 30, 31 and 33 to the extent indicated in the court's reasons for decision dated today are no longer subject to legal professional privilege and should be produced for inspection. The remaining documents are not to be inspected or uplifted by any party other than the defendant. (2) Liberty to apply in relation to costs. Catchwords: Legal professional privilege – whether documents in the possession of an expert witness attract legal professional privilege – common law principles applicable – whether privilege applies – whether any privilege applicable has been waived Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Attorney-General for the Northern Territory v Maurice (1986) 161 CLR 475 Commissioner of the Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 Esso Australia Resources Ltd v Commission of Taxation (1999) 201 CLR 49 Integral Energy Australia v EDS (Australia) Pty Ltd [2006] NSWSC 971 Interchase Corporation Ltd (In Liq) v Grosvenor Hill (Queensland) Pty Ltd (No 1) [1999] 1 Qd R 141 Linter Group Ltd v Price Waterhouse [1999] VSC 245 Mann v Carnell (1999) 201 CLR 1 Natuna Pty Ltd v Cook [2006] NSWSC 1367 New Cap Reinsurance Corporation Ltd (In Liquidation) v Renaissance Reinsurance Ltd [2007] NSWSC 258 Ray Fitzpatrick Pty Ltd v Minister for Planning [2007] NSWLEC 833 Re Southland Coal Pty Ltd (recs and mgrs apptd) (in liq) (2006) 59 ACSR 87 Shea v TruEnergy Services Pty Ltd (No 5) (2013) 303 ALR 230; [2013] FCA 937 Singtel Optus Pty Ltd v Weston (2011) 81 NSWLR 526 Tavcol Pty Ltd v Valbeet Pty Ltd [2016] NSWSC 1002 Watkins v State of Queensland [2008] 1 Qd R 564 Category: Procedural and other rulings Parties: North Shore Real Estate Pty Ltd ABN 74153648625 (Plaintiff; First Cross-Defendant on the First Cross Claim) Real Estate Property Management Services Pty Ltd (Defendant; First Cross-Claimant on the First Cross-Claim; First Defendant on the Second Cross Claim) Leonard David Resnekov (Second Cross-Defendant on the First Cross-Claim) Stephen James Hankins (Third Cross-Defendant on the First Cross-Claim) MC Business Broking Pty Ltd ACN 158 225 873 (Fourth Cross-Defendant on the First Cross-Claim) LJ Hooker Franchising Limited ACN 003 890 453 (Fifth Cross-Defendant on the First Cross Claim; First Cross-Claimant on the Second Cross-Claim) Representation: Counsel: 2014/00328638 B Mostafa (Plaintiff, First to Fourth Cross Defendants to the First Cross-Claim) J Korman (Defendant and Cross-Claimant)