Limit (No 3) Limited v ACE Insurance Limited (No 3) [2009] NSWSC 1061

Limit (No 3) Limited v ACE Insurance Limited (No 3) [2009] NSWSC 1061

Privilege was not waived in respect of Documents 2 and 3; Document 1's privilege waived only as relates to Special Endorsement 14 but inspection not relevant to forensic purpose; notice to produce set aside and leave to rely on late expert report refused as it lacked relevance and forensic value.

Parties
First Plaintiff: Limit (No 3) Limited; Second Plaintiff: Oak Dedicated Limited; Third Plaintiff: The Underwriter Insurance Company Limited; Fourth Plaintiff: GE Frankona Reinsurance Limited; Defendant: ACE Insurance Limited
Jurisdiction
Australia
Judgment Date
23 February 2009
Procedural Posture
Commercial / Procedural Ruling; Application Set Aside
Outcome
Plaintiffs' motion upheld, defendant's motion dismissed; costs awarded to plaintiffs; leave to rely on late expert report refused.
Legal Topics
Privilege, Waiver of Privilege, Expert Evidence, Late Service of Report
Evidence Civil Procedure Privilege Waiver of Privilege Expert Evidence Late Service of Report

Case Brief

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Parties

Limit (No 3) Limited

First Plaintiff

Oak Dedicated Limited

Second Plaintiff

The Underwriter Insurance Company Limited

Third Plaintiff

GE Frankona Reinsurance Limited

Fourth Plaintiff

ACE Insurance Limited

Defendant

Procedural Posture

Commercial / Procedural Ruling; Application Set Aside

Legal Issues

  1. 1 Has privilege been waived in respect of Documents 1, 2, and 3?
  2. 2 Are Documents 1 and 2 relevant for any forensic purpose under Uniform Civil Procedure Rules?
  3. 3 Should leave be granted to rely on Mr Chuah's expert report served late?

Ratio Decidendi

Privilege was not waived in respect of Documents 2 and 3; Document 1's privilege waived only as relates to Special Endorsement 14 but inspection not relevant to forensic purpose; notice to produce set aside and leave to rely on late expert report refused as it lacked relevance and forensic value.

Court Disposition

Plaintiffs' motion upheld, defendant's motion dismissed; costs awarded to plaintiffs; leave to rely on late expert report refused.

Orders

  • Notice to produce seeking Documents 1 and 2 set aside.
  • Defendant's motion dismissed.