Gibbins v Bayside Council [2020] NSWSC 1795

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 11 December 2020
Procedural Posture: Civil / Interlocutory Application Regarding Privilege
Outcome: The Engineers Report is not privileged and must be produced.
Legal Topics: ['client Legal Privilege' 'document Production' 'dominant Purpose Test']

['civil Procedure'] ['client Legal Privilege' 'document Production' 'dominant Purpose Test']

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Procedural Posture

Civil / Interlocutory Application Regarding Privilege

Legal Issues

1 ['Whether the Engineers Report dated 28 March 2018 is privileged from production under sections 118 or 119 of the Evidence Act 1995 (NSW)' "Whether the Engineer's Report was created for the dominant purpose of the Council's solicitor providing legal advice"]

Ratio Decidendi

The Engineers Report was commissioned for at least two purposes: to inform Council decisions about the future of the water slides (including safety and potential demolition) and to provide legal advice regarding Mr Gibbins' accident. Neither purpose was dominant. The Engineers Report would have been produced irrespective of any intention to obtain legal advice. Because no single dominant purpose was established, the report is not privileged from production under the Evidence Act 1995 (NSW).

Court Disposition

The Engineers Report is not privileged and must be produced.

Orders

['The Engineers Report dated 28 March 2018 is not privileged from production and should be produced to the plaintiff within seven days.']

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