Amaca Pty Limited v CSR Limited (Re Fisher) (No. 1) [2019] NSWDDT 9

Amaca Pty Limited v CSR Limited (Re Fisher) (No. 1) [2019] NSWDDT 9

The Tribunal granted the plaintiff's adjournment application, subject to a costs order in favour of the defendant, due to the late service of evidence and broader implications for related proceedings. On the Notice to Produce, privilege was upheld over legal advice documents (paragraph 1), so inspection was refused; but privilege was found to have been waived in respect to costs/fee agreements (paragraph 2), as the plaintiff had relied on them to prove defence costs. Inspection was thus granted to the defendant for these agreements, and by consent, invoices in paragraph 3 would be further produced and available for inspection.

Parties
Plaintiff: Amaca Pty Limited; Defendant: CSR Limited
Jurisdiction
Australia
Judgment Date
10 October 2019
Procedural Posture
Application in Contribution Proceedings / Interlocutory; Procedural Rulings on Adjournment and Notice to Produce
Outcome
Adjournment granted; interlocutory orders on production and inspection of documents
Legal Topics
Notice to Produce, Client Legal Privilege, Costs in Interlocutory Matters, Contribution Between Tortfeasors, Adjournment Applications
Civil Procedure Evidence Tort Law Notice to Produce Client Legal Privilege Costs in Interlocutory Matters Contribution Between Tortfeasors Adjournment Applications

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Parties

Amaca Pty Limited

Plaintiff

CSR Limited

Defendant

Procedural Posture

Application in Contribution Proceedings / Interlocutory; Procedural Rulings on Adjournment and Notice to Produce

Legal Issues

  1. 1 Whether an adjournment should be granted due to late service of evidence by the plaintiff
  2. 2 Whether documents produced under a Notice to Produce (legal advices, costs agreements) should be available for inspection in light of claims for privilege and/or relevance
  3. 3 Whether the plaintiff has waived privilege over certain documents by putting legal fees in issue

Ratio Decidendi

The Tribunal granted the plaintiff's adjournment application, subject to a costs order in favour of the defendant, due to the late service of evidence and broader implications for related proceedings. On the Notice to Produce, privilege was upheld over legal advice documents (paragraph 1), so inspection was refused; but privilege was found to have been waived in respect to costs/fee agreements (paragraph 2), as the plaintiff had relied on them to prove defence costs. Inspection was thus granted to the defendant for these agreements, and by consent, invoices in paragraph 3 would be further produced and available for inspection.

Court Disposition

Adjournment granted; interlocutory orders on production and inspection of documents

Orders

  • Adjournment granted to a date to be fixed
  • Plaintiff to pay defendant's costs thrown away by reason of the adjournment of the hearing set down for 4 October 2019