Secure Logic Pty Limited v Paul William Noble [2019] NSWSC 991

Supreme Court New South Wales

Medium Neutral Citation: Secure Logic Pty Limited v Paul William Noble [2019] NSWSC 991 Hearing dates: 29, 30, 31 July, 1, 2, 5 & 6 August 2019 Date of orders: 06 August 2019 Decision date: 06 August 2019 Jurisdiction: Equity Before: Slattery J Decision: See paragraph [34] Catchwords: EVIDENCE — Privileges — Client legal privilege — Legal advice – plaintiffs seek access to documents and parts of documents over which the first and second defendants claim client legal privilege – first and second defendants resist disclosure of the documents and parts of the documents – first and second defendants have waived privilege over some documents containing legal advice to promote their defence to a claim for breach of confidence – whether privilege has been waived in respect of remaining parts of those documents and over other related documents, where privilege is claimed – application of Evidence Act, s 122 – HELD: wider waiver of the documents has occurred – extent of waiver of the documents in question Legislation Cited: Evidence Act 1995 Cases Cited: Benecke v National Australia Bank (1993) 35 NSWLR 110 Mann v Carnell (1999) 201 CLR 1 Category: Procedural and other rulings Parties: First Plaintiff/Cross Defendant: Secure Logic Pty Limited (ACN 154 505 030) Second Plaintiff/ Cross Defendant: Secure Logic Technologies Pty Ltd Third Plaintiff/ Cross Defendant: Secure Logic Pte Ltd Fourth Plaintiff/ Cross Defendant: Plush Hosting Pty Ltd First Defendant/Cross Claimant: Paul William Noble Second Defendant/Cross Claimant: Peach Tree Bay Pty Limited (ACN 132 097 647) Third Defendant/Cross Claimant: John Russell Pankhurst Representation: Counsel: Plaintiffs: M.R. Elliott SC; S. J. Hallahan First & Second Defendants: B. DeBuse