James Hardie & Coy v Yeomans [2000] NSWSC 539

James Hardie & Coy v Yeomans [2000] NSWSC 539

The documents were produced to the Costs Assessor under compulsion of law as required by s 207 of the Legal Profession Act 1987, not voluntarily, and thus there was no implied or imputed waiver of privilege. The onus was on the plaintiff to show error in the decision of the Costs Assessor, and this onus was not...

Source-derived case information.

Parties
Plaintiff: James Hardie & Coy Pty Ltd; Defendant: Byron Robert Yeomans
Jurisdiction
Australia
Judgment Date
16 June 2000
Procedural Posture
Appeal of Costs Assessment / Judgment on Appeal Against Decision of Costs Assessor
Outcome
Summons dismissed
Legal Topics
Legal Professional Privilege, Costs Assessment, Limited Waiver, Compulsion of Documents
Legal Practice Civil Procedure Legal Professional Privilege Costs Assessment Limited Waiver Compulsion of Documents

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Parties

James Hardie & Coy Pty Ltd

Plaintiff

Byron Robert Yeomans

Defendant

Procedural Posture

Appeal of Costs Assessment / Judgment on Appeal Against Decision of Costs Assessor

Legal Issues

  1. 1 Whether legal professional privilege was lost over cost disclosure documents produced to Costs Assessor under s 207 of Legal Profession Act 1987
  2. 2 Whether documents were produced voluntarily or under compulsion of law
  3. 3 Whether there was an implied or imputed waiver of privilege

Ratio Decidendi

The documents were produced to the Costs Assessor under compulsion of law as required by s 207 of the Legal Profession Act 1987, not voluntarily, and thus there was no implied or imputed waiver of privilege. The onus was on the plaintiff to show error in the decision of the Costs Assessor, and this onus was not discharged.

Court Disposition

Summons dismissed

Orders

  • Plaintiff to pay defendant's costs of these proceedings.