Lee v NSW Commissioner of Police [2019] NSWSC 405

Lee v NSW Commissioner of Police [2019] NSWSC 405

Because there was no factual basis as to who wrote the Post-it notes, the circumstances in which they were created, or the specific document or documents to which they had been attached, any claim for client legal privilege over sleeve 42 could not be sustained and there was no reasonably available issue to defer for later determination.

Jurisdiction
Australia
Judgment Date
27 March 2019
Procedural Posture
Second Further Amended Summons Challenging the Application For, Issuing and Execution of a Search Warrant / Ex Tempore Procedural Ruling on Whether the Client Legal Privilege Claim for Sleeve 42 Should Be Deferred or Determined Immediately
Outcome
The Court did not allow the claim for sleeve 42 to be deferred to another time.
Legal Topics
['client Legal Privilege' 'post It Notes Attached to Documents' 'search Warrant Seized Documents' 'deferral of Privilege Determination']
['evidence' 'civil Procedure'] ['client Legal Privilege' 'post It Notes Attached to Documents' 'search Warrant Seized Documents' 'deferral of Privilege Determination']

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Procedural Posture

Second Further Amended Summons Challenging the Application For, Issuing and Execution of a Search Warrant / Ex Tempore Procedural Ruling on Whether the Client Legal Privilege Claim for Sleeve 42 Should Be Deferred or Determined Immediately

Legal Issues

  1. 1 ['Whether there was a reasonably open and genuine claim for client legal privilege over the document in sleeve 42, comprising six yellow Post-it notes.' 'Whether final consideration of sleeve 42 should be deferred until other privilege claims were determined, or determined immediately.']

Ratio Decidendi

Because there was no factual basis as to who wrote the Post-it notes, the circumstances in which they were created, or the specific document or documents to which they had been attached, any claim for client legal privilege over sleeve 42 could not be sustained and there was no reasonably available issue to defer for later determination.

Court Disposition

The Court did not allow the claim for sleeve 42 to be deferred to another time.

Orders

  • ['The claim for sleeve 42 will not be deferred to another time.']