In the matter of Jimmy’s Recipe Pty Ltd [2020] NSWSC 516

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Jimmy's Recipe Pty Ltd [2020] NSWSC 516 Hearing dates: On the papers Written submissions 30 April, 7 May Decision date: 08 May 2020 Jurisdiction: Equity Before: Leeming JA Decision: 1. Save in respect of notes of conferences between the fifth defendant and other defendants excluding the plaintiff, the fifth defendant is not entitled to maintain a claim for privilege over the 38 pages of notes made by Ms Farahbakht of the settlement conference on 19 December 2019.

2. Direct the solicitors for the fifth defendant to provide the relevant pages of those notes to the plaintiff. Catchwords: PRIVILEGE – waiver – express and implied waiver – notes of settlement conference preceding execution of settlement deed – dispute as to settlement deed extending to claims based on estoppel, rectification and mistake – whether privilege maintainable in relation to notes – dispute only involving one of a number of defendants – two other defendants bankrupt – whether common interest privilege available Cases Cited: Ampolex v Perpetual Trustee CO (Canberra) Ltd (1995) 37 NSWLR 405 Chen v City Convenience Leasing Pty Ltd [2005] NSWCA 297 Macquarie Bank Ltd v Arup Pty Ltd [2016] FCAFC 117 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 66 R v Dunwoody [2004] QCA 413 Seven Network Ltd v News Ltd (No 7) [2005] FCA 1092 Thomason v Campbelltown Municipal Council (1939) 39 SR (NSW) 347 Category: Procedural and other rulings Parties: Gek Sim Tsia (Plaintiff) Jimmy's Recipe Pty Ltd (Administrators Appointed) (First Defendant) Jimmy's Recipe Gateway Pty Ltd (Second Defendant) Alwin Nan Chu Chong (Third Defendant) Norannie Chong (Fourth Defendant) Chee Wee Seow (Fifth Defendant) Representation: Counsel: D Smallbone, W Chan (Plaintiff) P H Greenwood SC (Fifth Defendant)