Lubeck v NSW Police Force [2019] NSWSC 504

Supreme Court New South Wales

Medium Neutral Citation: Lubeck v NSW Police Force [2019] NSWSC 504 Hearing dates: 21 November 2018 Decision date: 03 May 2019 Jurisdiction: Common Law Before: Button J Decision: (1) A declaration that the defendant, the NSW Police Force, must not access the material identified in this judgment as the "6 page document, the "16 page document" and the "third documents", seized as a result of the search warrant executed at the premises of Pope & Spinks on 13 July 2018, because of client legal privilege; and (2) The defendant, the NSW Police Force, must pay the costs of the plaintiff, Mr Jason Lubeck (a pseudonym), of the proceedings before me. Catchwords: EVIDENCE – client legal privilege – criminal charges pending against plaintiff – execution of search warrant at office of solicitor – whether documents the subject of claim for privilege should be inspected by judge – whether claim for privilege has been affirmatively established – claim upheld – declaration made Legislation Cited: Evidence Act 1995 (NSW), ss 69(3)(b), 118, 119, 122, 125, 131A, 133 and 183 Cases Cited: Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Ltd (No 4) [2014] FCA 796 Barnes v Federal Commission of Taxation [2015] FCA 282 Hancock v Rinehart [2016] NSWSC 12 Kennedy v Wallace (2004) 142 FCR 185; [2004] FCAFC 337 Rinehart v Rinehart [2016] NSWCA 58 Tavcol Pty Ltd v Valbeet Pty Ltd [2016] NSWSC 1002 Waugh Asset Management v Merrill Lynch [2010] NSWSC 197 Category: Principal judgment Parties: Jason Lubeck (a pseudonym) (Plaintiff) NSW Police Force (Defendant) Representation: Counsel: Ms J Williams (Defendant)