Dianne Twigg v Maxwell James Twigg (Privilege ruling no 2) [2021] NSWSC 814

Dianne Twigg v Maxwell James Twigg (Privilege ruling no 2) [2021] NSWSC 814

Communications between the defendants (or their lawyers) and Pitcher Partners (or their lawyers) for the purposes of formulating and complying with the court's trust orders or the Undertaking, or for administration of the assets, were not made under an obligation of confidentiality as between defendants and Pitcher Partners and were not brought into existence for the dominant purpose of providing legal advice or legal services, but mostly for financial/accounting services and administration; therefore, such documents and communications are not privileged under sections 118 or 119 of the Evidence Act 1995 (NSW), except as specifically set out in the schedule where documents were created...

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
05 July 2021
Procedural Posture
Procedural Ruling / Interlocutory Privilege Ruling
Outcome
Privilege only attaches to those documents or parts identified in the schedule as brought into existence for the dominant purpose of legal advice or legal services; all other identified communications and documents are not privileged and must be disclosed.
Legal Topics
Privilege, Confidential Communications, Trusts, Evidence Admissibility
Equity Civil Procedure Privilege Confidential Communications Trusts Evidence Admissibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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

Procedural Ruling / Interlocutory Privilege Ruling

Legal Issues

  1. 1 Whether communications and documents between the defendants, their lawyers, and accountants (Pitcher Partners/King & Collins) related to compliance with court orders and undertakings are privileged under ss 118 or 119 Evidence Act 1995 (NSW)

Ratio Decidendi

Communications between the defendants (or their lawyers) and Pitcher Partners (or their lawyers) for the purposes of formulating and complying with the court's trust orders or the Undertaking, or for administration of the assets, were not made under an obligation of confidentiality as between defendants and Pitcher Partners and were not brought into existence for the dominant purpose of providing legal advice or legal services, but mostly for financial/accounting services and administration; therefore, such documents and communications are not privileged under sections 118 or 119 of the Evidence Act 1995 (NSW), except as specifically set out in the schedule where documents were created...

Court Disposition

Privilege only attaches to those documents or parts identified in the schedule as brought into existence for the dominant purpose of legal advice or legal services; all other identified communications and documents are not privileged and must be disclosed.

Orders

  • Privilege rulings made as set out in the schedule to the judgment determining which documents are privileged and which must be disclosed.