In the matter of Metal Storm Limited (in liquidation) (receivers and managers appointed) [2019] NSWSC 1667

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Metal Storm Limited (in liquidation) (receivers and managers appointed) [2019] NSWSC 1667 Hearing dates: 27 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Privilege not established Catchwords: EVIDENCE — Privilege — Litigation privilege — Communication between solicitor and expert — Report prepared and served but expert no longer proposed to be called — Expert then proposed to be called by other side — Dominant purpose of detailing aspects of expert's retainer — Dominant purpose not providing professional legal services within s 119 of the Evidence Act — Claim for privilege not made out. Legislation Cited: Evidence Act 1995 (NSW), s 119 Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW), s 6 Cases Cited: 789Ten Pty Ltd v Westpac Banking Corporation Ltd (2005) 215 ALR 131; [2005] NSWSC 123 Archer Capital 4A Pty Ltd (as trustee for the Archer Capital Trust 4A) v Sage Group plc (No 2) (2013) 306 ALR 384; [2013] FCA 1098 AWB Ltd v Cole (No 5) (2006) 155 FCR 30; [2006] FCA 1234 Domain Paper (Australia) Pty Ltd v Galloway [2014] FCA 936 Grant v Downs (1976) 135 CLR 674 Law Society of New South Wales v Bruce (1996) 40 NSWLR 77 Mitsubishi Electric Australia Pty Ltd v Victoria WorkCover Authority (2002) 4 VR 332; [2002] VSCA 59 Category: Procedural and other rulings Parties: Australian Special Opportunity Fund, LP (Cross-Claimant)