The Owners Strata Plan 87265 v Saaib [2020] NSWSC 21

Supreme Court New South Wales

Medium Neutral Citation: The Owners Strata Plan 87265 v Saaib [2020] NSWSC 21 Hearing dates: 24 January 2020 Decision date: 30 January 2020 Jurisdiction: Equity Before: R A Hulme J Decision: 1. Uphold the claim by the Owners Corporation of client legal privilege in respect of the email communications caught by paragraph 3 of Mr Saaib's Notice to Produce of 20 December 2019. 2. Mr Saaib's application to be permitted to inspect and copy the same is refused. Catchwords: CIVIL PROCEDURE – notices to produce – client legal privilege – whether documents privileged under s 119 Evidence Act 1995 (NSW) – communications between plaintiff and witness where witness is also defendant in contingent proceedings – implied obligation of confidentiality where dominant purpose of communications is obtaining evidence Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – The Australian Consumer Law, s 18 Evidence Act 1995 (NSW) ss 117, 119, 131A Home Building Act 1989 (NSW) Cases Cited: Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1998) 81 FCR 526 AW v Rayney [2010] WASCA 161 Grant v Downs (1976) 135 CLR 674 Hastie Group Ltd v Moore [2016] NSWCA 305 Singtel Optus Pty Ltd v Weston (2011) 81 NSWLR 526; [2011] NSWSC 1083 Sugden v Sugden (2007) 70 NSWLR 301 Category: Procedural and other rulings Parties: The Owners Strata Plan 87265 (Plaintiff) Tony Saaib (Defendant) Representation: Counsel: N Kidd SC (Plaintiff) S Lawrance with M Fernandes (Defendant)