Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Onepath Life Ltd (formerly ING Life Ltd) (No 2); Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Allianz Australia Life Insurance Ltd (No 2); Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Suncorp Life & Superannuation Ltd (No 2) [2017] NSWDC 287

District Court New South Wales

Medium Neutral Citation: Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Onepath Life Ltd (formerly ING Life Ltd) (No 2); Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Allianz Australia Life Insurance Ltd (No 2); Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Suncorp Life & Superannuation Ltd (No 2) [2017] NSWDC 287 Hearing dates: 27 June 2017; 18 July 2017 and 6 September 2017 (written submissions); 2 October 2017 Date of orders: 24 October 2017 Decision date: 24 October 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The plaintiff's application to have access to all documents produced under subpoena by Centricity Ci Pty Ltd and the documents for which privilege is claimed in the defendants' supplementary list of documents dated 28 March 2017 is dismissed. (2) The Notice of Motion filed by the plaintiff on 25 September 2017 is dismissed. (3) The costs of the applications are reserved. Catchwords: Legal professional privilege – at common law – under the Evidence Act – dominant purpose – alleged waiver – inconsistency – status of documents held by investigator and communications between investigators Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Attorney-General for the Northern Territory v Maurice (1986) 161 CLR 475 Bailey v Department Land and Water Conservation [2009] NSWCA 100 Dalleagles Pty Ltd v ASC (1991) 4 WAR 325 Divall v Mifsud [2005] NSWCA 447 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; (2013) 250 CLR 303 Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) v Onepath Life Ltd (formerly ING Life Ltd) [2017] NSWDC 266 Grant v Downs (1976) 135 CLR 674 Great Atlantic Insurance Co v Home Insurance Co (1981) 1 WLR 529 Halpin v Lumley General Insurance Ltd (2009) 78 NSWLR 265 Hastie Group Ltd (in liquidation) v Moore [2016] NSWCA 306 Mann v Carnell (1999) 201 CLR 1 Markus v Provincial Insurance Co Ltd (1983) 25 NSWCCR 1 New Cap Reinsurance Corporation (in liquidation) v Renaissance Insurance Ltd [2007] NSWSC 258 North Shore Real Estate Pty Ltd v Real Estate Property Management Services Pty Ltd (No 2) [2017] NSWDC 77 Re Southland Coal Pty Ltd (Receivers and Managers Appointed) (in liquidation) [2006] NSWSC 899; (2006) 59 ACSR 87 Saunders v Commissioner (1998) 160 ALR 469; (1998) FCA 1652 Sydney Airports Corporation Ltd v Singapore Airlines Ltd [2005] NSWCA 47 Tavcol Pty Ltd v Valbeet Pty Ltd [2016] NSWSC 1002 Trade Practices Commission v Sterling (1979) 36 FLR 244 Waterford v The Commonwealth (1987) 163 CLR 54 Texts Cited: Cross on Evidence, 10th edition, 2015 Category: Procedural and other rulings Parties: Sergey Gerasimov (As Executor of the Estate of the Late Vladimir Safronov) (Plaintiff) Onepath Life Ltd (formerly ING Life Ltd) (Defendant - 2011/00292705) Allianz Australia Life Insurance Ltd (Defendant - 2011/00301247 Suncorp Life & Superannuation Ltd (Defendant - 2011/00304114 Representation: Counsel: P Bingham and D Rayment (Plaintiff) R Cavanagh SC and S Walsh (Defendants)