Rodney Mackay Sutherland v Hayley Rogic [2013] NSWSC 971

Rodney Mackay Sutherland v Hayley Rogic [2013] NSWSC 971

The documents produced under subpoena, including the deed of financial agreement and the statement by Ms Rogic, are not protected by legal professional privilege claimed by Mr Rogic, and access should be granted to the parties.

Jurisdiction
Australia
Judgment Date
18 July 2013
Procedural Posture
Interlocutory Application / Ex Tempore Judgment After Return of Subpoena
Outcome
Access to documents granted
Legal Topics
['legal Professional Privilege' 'subpoena' 'access to Documents']
['evidence'] ['legal Professional Privilege' 'subpoena' 'access to Documents']

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Procedural Posture

Interlocutory Application / Ex Tempore Judgment After Return of Subpoena

Legal Issues

  1. 1 ['Whether documents produced under subpoena are subject to legal professional privilege, and whether the parties may access them.']

Ratio Decidendi

The documents produced under subpoena, including the deed of financial agreement and the statement by Ms Rogic, are not protected by legal professional privilege claimed by Mr Rogic, and access should be granted to the parties.

Court Disposition

Access to documents granted

Orders

  • ['Access to documents produced by Malouf Solicitors granted to the parties' 'Leave granted to plaintiff to uplift the original documents for expert examination']