QVB Pharmacy Pty Ltd v Le (No 2) [2022] NSWSC 1768

The email contained advice and opinions from solicitors about valuation evidence and the possible strength or admissibility of evidence. Those opinions were not relevant to any issue the Court had to determine and had no probative value, so the tender was rejected.

Jurisdiction: Australia
Judgment Date: 05 October 2022
Procedural Posture: Procedural Ruling / Hearing; Tender Sought During Submissions After the Plaintiffs Had Completed Their Submissions
Outcome: The tender on behalf of the first defendant of an email dated 12 November 2021 to the first defendant from the first defendant's solicitor is rejected.
Legal Topics: ['documentary Evidence' 'tender of Documents' 'relevance' 'privileged Solicitor Client Communication' 'solicitor Opinion Evidence']

['evidence' 'civil Procedure'] ['documentary Evidence' 'tender of Documents' 'relevance' 'privileged Solicitor Client Communication' 'solicitor Opinion Evidence']

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Procedural Posture

Procedural Ruling / Hearing; Tender Sought During Submissions After the Plaintiffs Had Completed Their Submissions

Legal Issues

1 ['Whether the defendant should be permitted to tender an email dated 12 November 2021 from his solicitor during submissions.' 'Whether the email was relevant to any issue between the parties or had probative value.']

Ratio Decidendi

Court Disposition

The tender on behalf of the first defendant of an email dated 12 November 2021 to the first defendant from the first defendant's solicitor is rejected.

Orders

["The tender on behalf of the first defendant of an email dated 12 November 2021 to the first defendant from the first defendant's solicitor is rejected."]