Dianne Twigg v Maxwell James Twigg (Privilege ruling) [2021] NSWSC 595

Dianne Twigg v Maxwell James Twigg (Privilege ruling) [2021] NSWSC 595

The Court determined whether each disputed document or part thereof was privileged under s 118 or s 119 of the Evidence Act 1995 (NSW) by reviewing their contents, context, and purpose, concluding that only those documents (or parts) created for the dominant purpose of obtaining legal advice or for use in litigation relating to the proceeding attracted privilege; communications relating to financial, not legal, services were not privileged.

Parties
First Plaintiff/first Cross Defendant: Diane Twigg; Second Plaintiff/second Cross Defendant: Ipswich Landfill Pty Ltd atf Ipswich Landfill Trust; Third Plaintiff/third Cross Defendant: Brooklyn Landfill & Waste Recycling Pty Ltd; Fourth Plaintiff/fourth Cross Defendant: Twigg Plant Hire Pty Ltd; First Defendant/fifth Cross Defendant: Maxwell James Twigg; Second Defendant/sixth Cross Defendant: Twigg Landfill Pty Ltd; Third Defendant/seventh Cross Defendant: Byron Bay Beach Hotel Properties Pty Ltd; Fourth Defendant/eighth Cross Defendant: Twigg Consulting Pty Ltd; Fifth Defendant/ninth Cross Defendant: B Bay H Pty Ltd; Sixth Defendant/tenth Cross Defendant: Twigg Investments Pty Ltd; Seventh Defendant/eleventh Cross Defendant: Maly Holdings Pty Ltd; Eighth Defendant/twelfth Cross Defendant: Twigg Property Development Pty Ltd; Ninth Defendant/thirteenth Cross Defendant: Twigg Motor Sport Pty Ltd; Tenth Defendant/fourteenth Cross Defendant: Vision Motor Sport Pty Ltd; Eleventh Defendant/fifteenth Cross Defendant: Twigg Motor Racing Pty Ltd; Twelfth Defendant/sixteenth Cross Defendant: Surf Street Holdings Pty Ltd; Thirteenth Defendant/seventeenth Cross Defendant: W & E Twigg Pty Ltd; Fourteenth Defendant/cross Claimant: Frances Lambert; Fifteenth Defendant: Twigg Co Pty Limited
Jurisdiction
Australia
Judgment Date
26 May 2021
Procedural Posture
Equity Commercial List / Privilege Ruling on Documents Produced; Interlocutory/procedural
Outcome
Rulings made as to privilege of each document; see specific paragraph references in judgment
Legal Topics
Legal Professional Privilege, Litigation Privilege, Inspection of Documents, Evidence Act 1995 (nsw), Interlocutory Application
Equity Evidence Commercial Law Legal Professional Privilege Litigation Privilege Inspection of Documents Evidence Act 1995 (nsw) Interlocutory Application

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Parties

Diane Twigg

First Plaintiff/first Cross Defendant

Ipswich Landfill Pty Ltd atf Ipswich Landfill Trust

Second Plaintiff/second Cross Defendant

Brooklyn Landfill & Waste Recycling Pty Ltd

Third Plaintiff/third Cross Defendant

Twigg Plant Hire Pty Ltd

Fourth Plaintiff/fourth Cross Defendant

Maxwell James Twigg

First Defendant/fifth Cross Defendant

Twigg Landfill Pty Ltd

Second Defendant/sixth Cross Defendant

Byron Bay Beach Hotel Properties Pty Ltd

Third Defendant/seventh Cross Defendant

Twigg Consulting Pty Ltd

Fourth Defendant/eighth Cross Defendant

B Bay H Pty Ltd

Fifth Defendant/ninth Cross Defendant

Twigg Investments Pty Ltd

Sixth Defendant/tenth Cross Defendant

Maly Holdings Pty Ltd

Seventh Defendant/eleventh Cross Defendant

Twigg Property Development Pty Ltd

Eighth Defendant/twelfth Cross Defendant

Twigg Motor Sport Pty Ltd

Ninth Defendant/thirteenth Cross Defendant

Vision Motor Sport Pty Ltd

Tenth Defendant/fourteenth Cross Defendant

Twigg Motor Racing Pty Ltd

Eleventh Defendant/fifteenth Cross Defendant

Surf Street Holdings Pty Ltd

Twelfth Defendant/sixteenth Cross Defendant

W & E Twigg Pty Ltd

Thirteenth Defendant/seventeenth Cross Defendant

Frances Lambert

Fourteenth Defendant/cross Claimant

Twigg Co Pty Limited

Fifteenth Defendant

Procedural Posture

Equity Commercial List / Privilege Ruling on Documents Produced; Interlocutory/procedural

Legal Issues

  1. 1 Whether documents over which privilege is claimed are prima facie privileged under s 118 or s 119 of the Evidence Act 1995 (NSW)
  2. 2 Whether any exceptions to privilege apply, including s 121(2) of the Evidence Act

Ratio Decidendi

The Court determined whether each disputed document or part thereof was privileged under s 118 or s 119 of the Evidence Act 1995 (NSW) by reviewing their contents, context, and purpose, concluding that only those documents (or parts) created for the dominant purpose of obtaining legal advice or for use in litigation relating to the proceeding attracted privilege; communications relating to financial, not legal, services were not privileged.

Court Disposition

Rulings made as to privilege of each document; see specific paragraph references in judgment

Orders

  • Certain documents or parts found to be privileged under s 118 or s 119 Evidence Act 1995 (NSW) and not to be adduced in evidence;
  • Certain documents or parts found not to be privileged and may be adduced in evidence.