Thompson v Rosen [2020] NSWSC 481

Supreme Court New South Wales

Medium Neutral Citation: Thompson v Rosen [2020] NSWSC 481 Hearing dates: On the papers Date of orders: 04 May 2020 Decision date: 04 May 2020 Jurisdiction: Common Law Before: Harrison J Decision: (1) Grant the second defendant access to the documents referred to or described in paragraphs 10(c), (e) and (h) and 12(b) of the affidavit of Rebecca Jancauskas affirmed 14 October 2019.

(2) Order that the costs of and incidental to the second defendant's notice of motion filed on 4 July 2019 be the costs in the cause. Catchwords: CIVIL PROCEDURE – subpoenas – whether lawyer/client privilege applies to documents – whether second defendant entitled to costs of his motion for access and inspection – limited access granted Legislation Cited: Limitation Act 1969 (NSW) Uniform Civil Procedure Rules Cases Cited: AWB Ltd v Cole (2006) 152 FCR 382 Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501; [1997] HCA 3 Commissioner of Taxation v Pratt Holdings Pty Ltd (2005) 225 ALR 266 Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission (2002) 213 CLR 543; [2002] HCA 49 Grant v Downs (1976) 135 CLR 674; (1976) 11 ALR 577 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Thompson v Rosen [2019] NSWSC 1258 Category: Procedural and other rulings Parties: Gai Thompson (Plaintiff) Dr David Rosen (First Defendant) Associate Professor Alan Lam (Second Defendant) Representation: Counsel: E Romaniuk SC with S Roulstone (Plaintiff) R Sergi (First and Second Defendants) B Hancock (Shine Lawyers amicus)