Ray Fitzpatrick Pty Ltd (In Members Voluntary Liquidation) v Minister for Planning [2007] NSWLEC 833

Ray Fitzpatrick Pty Ltd (In Members Voluntary Liquidation) v Minister for Planning [2007] NSWLEC 833

Communications and draft reports between an expert and the solicitor for the respondent, prepared for the sole purpose of the litigation, are privileged at common law and not subject to production, even though the Evidence Act 1995 does not apply in these proceedings.

Parties
Applicant: Ray Fitzpatrick Pty Ltd (In Members Voluntary Liquidation); Respondent: Minister for Planning
Jurisdiction
Australia
Judgment Date
20 November 2007
Procedural Posture
Notice of Motion / Interlocutory Application
Outcome
Applicant's notice of motion dismissed
Legal Topics
Privilege, Expert Evidence, Access to Documents
Evidence Civil Procedure Privilege Expert Evidence Access to Documents

Case Brief

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Parties

Ray Fitzpatrick Pty Ltd (In Members Voluntary Liquidation)

Applicant

Minister for Planning

Respondent

Procedural Posture

Notice of Motion / Interlocutory Application

Legal Issues

  1. 1 Whether privilege attaches to draft expert reports and related communications produced in response to subpoena in Class 3 proceedings where rules of evidence do not apply.

Ratio Decidendi

Communications and draft reports between an expert and the solicitor for the respondent, prepared for the sole purpose of the litigation, are privileged at common law and not subject to production, even though the Evidence Act 1995 does not apply in these proceedings.

Court Disposition

Applicant's notice of motion dismissed

Orders

  • The applicant's notice of motion filed on 13 November 2007 is dismissed.
  • The costs of the motion shall be costs in the cause.