The Owners – Strata Plan No 16857 v Hyman [2022] NSWCATAP 358

The Owners – Strata Plan No 16857 v Hyman [2022] NSWCATAP 358

The evidence did not establish that the Version 3 report was prepared for the dominant purpose of the appellant being provided with professional legal services; it was prepared for filing in the Tribunal. The Tribunal did not fail to take into account relevant considerations or take into account irrelevant considerations, nor did it fail to provide adequate reasons.

Jurisdiction
Australia
Judgment Date
15 November 2022
Procedural Posture
Civil Appeal / Leave to Appeal From Interlocutory Order – Consumer and Commercial Division – Appeal Panel
Outcome
Leave to appeal refused
Legal Topics
['legal Professional Privilege' 'expert Evidence' 'production of Documents' 'leave to Appeal' 'interlocutory Order']
['civil Procedure' 'tribunal Practice'] ['legal Professional Privilege' 'expert Evidence' 'production of Documents' 'leave to Appeal' 'interlocutory Order']

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Procedural Posture

Civil Appeal / Leave to Appeal From Interlocutory Order – Consumer and Commercial Division – Appeal Panel

Legal Issues

  1. 1 ['Whether the expert report was subject to legal professional privilege under s 119 Evidence Act 1995 (NSW)' "Adequacy of Tribunal's reasons for decision" 'Whether Tribunal failed to take account of relevant considerations or took into account irrelevant matters']

Ratio Decidendi

The evidence did not establish that the Version 3 report was prepared for the dominant purpose of the appellant being provided with professional legal services; it was prepared for filing in the Tribunal. The Tribunal did not fail to take into account relevant considerations or take into account irrelevant considerations, nor did it fail to provide adequate reasons.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal is refused.' 'The non-disclosure order in respect of the Report and stay made 28 October 2022 shall continue for a period of 14 days from the publication of this decision to the parties.' 'The respondents are to lodge submissions and evidence in support of their costs application with the Appeal...