Pomare v Hogan (No 2) [2019] NSWSC 496

Supreme Court New South Wales

Medium Neutral Citation: Pomare v Hogan (No 2) [2019] NSWSC 496 Hearing dates: 29 April 2019 Date of orders: 29 April 2019 Decision date: 29 April 2019 Jurisdiction: Common Law Before: Adamson J Decision: Access to privileged documents granted on the ground of implied waiver. Catchwords: CIVIL PROCEDURE – discovery – objection to inspection – client legal privilege – implied waiver on grounds of fairness – disclosure ordered Legislation Cited: Limitation Act 1969 (NSW), ss 50C, 50D Motor Accidents Compensation Act 1999 (NSW), s 7C Cases Cited: Attorney General (NT) v Maurice (1986) 161 CLR 475; [1986] HCA 80 Council of the New South Wales Bar Association v Archer (2008) 72 NSWLR 236; [2008] NSWCA 164 Goldberg v Ng (1995) 185 CLR 83; [1995] HCA 39 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 66 Category: Procedural and other rulings Parties: Kereopa Pomare (Plaintiff) Michael John Hogan (First Defendant) Angus Whyte (Applicant/Second Defendant) Representation: Counsel: A Stone SC/N Compton (Plaintiff) N Jessop, solicitor (First Defendant) R Cavanagh SC/A Bowen (Applicant/Second Defendant)

Solicitors: Maurice Blackburn Lawyers (Plaintiff) Moray & Agnew (First Defendant) Curwoods Lawyers (Applicant/Second Defendant) File Number(s): 2016/110332

Judgment

Introduction 1. By notice of motion filed on 23 April 2019, Angus Whyte, the second defendant (the applicant), sought access to documents comprising legal advice given by Maurice Blackburn Lawyers, the solicitors for Kereopa Pomare (the plaintiff). The earliest of the documents sought is dated 23 September 2014 and the latest is dated 13 March 2017. After hearing argument on the question on 29 April 2019, I ordered the plaintiff to disclose the documents listed in the notice of motion and indicated that I would provide reasons for my order later. What follows are my reasons for the order.