Baron v Gilmore [2018] NSWSC 439

Supreme Court New South Wales

Medium Neutral Citation: Baron v Gilmore [2018] NSWSC 439 Hearing dates: 6 April 2018 Date of orders: 11 April 2018 Decision date: 11 April 2018 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The defendants be given access to the documents produced on subpoena by Furzer Crestani Forensic other than the following documents: (a) correspondence between Shakenovsky & Associates on the one hand and any of Alan Baron, Pierre Bouwer, Ian Gilmore, Adrian Bell, Brayden Gilmore, Chris Katehos, Leanne Marks or any other employee of Furzer Crestani Forensic on the other; (b) draft letter of instructions from Shakenovsky & Associates to Furzer Crestani Forensic; and (c) the document prepared by Ian Gilmore for the purposes of a mediation between the parties that was given to Mr Katehos.

(2) Each party bear their own costs of the plaintiffs' motion filed on 23 March 2018. Catchwords: EVIDENCE – Privileges – Legal professional privilege – Litigation – Quality of evidence required to support claim for privilege EVIDENCE – Privileges – Without prejudice privilege Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Australian Securities and Investments Commission v Southcorp Ltd (2003) 46 ACSR 438 Buzzle Operations Pty Ltd (In Liq) v Apple Computer Australia Pty Ltd (2009) 74 NSWLR 469; [2009] NSWSC 225 Tavcol Pty Ltd v Valbeet Pty Ltd [2016] NSWSC 1002 Category: Procedural and other rulings Parties: Alan Baron (First Plaintiff) Pierre Bouwer (Second Plaintiff) Ian Gilmore (Third Plaintiff) Highveld International Pty Ltd (Fourth Plaintiff) Graham Gilmore (First Defendant) Martin Gilmore (Second Defendant) Tattykeel Pty Ltd (Third Defendant) Australian White Sheep Breeders (Fourth Defendant) Kirsty Gilmore (Fifth Defendant) Representation: Counsel: A Fernon (Plaintiff) R Scruby SC with N Swan (First, Second, Third and Fifth Defendants) B Guilleaume (Lawyer) (Fourth Defendant)