Secure Logic Pty Limited v Paul William Noble (No. 2) [2019] NSWSC 1057

Supreme Court New South Wales

Medium Neutral Citation: Secure Logic Pty Limited v Paul William Noble (No. 2) [2019] NSWSC 1057 Hearing dates: 29, 30, 31 July, 1, 2, 5 & 6, 7, 8, 9, 12, 13, 14 & 19 August 2019, Date of orders: 19 August 2019 Decision date: 20 August 2019 Jurisdiction: Equity Before: Slattery J Decision: Client privilege not waived over the pre-29 March 2016 emails. Catchwords: PRIVILEGE– privileges – client legal privilege – waiver – before the hearing of the proceedings commenced, the plaintiffs waived privilege over a communication with their solicitor dated 29 March 2016 – the principal officer of the plaintiffs was cross-examined on this communication and said he had forwarded some emails to the plaintiffs' solicitor, for the solicitor to advise about the communication of 29 March 2016 – but the plaintiffs' principal officer denied receiving any advice from his solicitor prior to 29 March 2016 – cross-examiner called for any pre-29 March 2016 advice – documents were produced and client legal privilege was claimed over them – whether client legal privilege waived. Legislation Cited: Evidence Act 1995, ss 118, 122, 126, 133 Cases Cited: Chen v City Convenience Leasing Pty Ltd [2005] NSWCA 297 Divall v Mifsud [2005] NSWCA 447 Esso Australia Resources Limited v Commissioner of Taxation (1999) 201 CLR 49 Grant v Downs (1976) 135 CLR 674; (1976) 11 ALR 577 Mann v Carnell (1999) 201 CLR 1 Secure Logic Pty Limited v Paul William Noble [2019] NSWSC 991 Singapore Airlines v Sydney Airports Corporation [2004] NSWSC 380 Sovereign Motor Inns Pty Ltd v Bevillesta Pty Ltd [2000] NSWSC 521 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