d’Apice v Gutkovich – Estate of Abraham (No . 1) [2010] NSWSC 1336 (27 October 2010)

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2010/1336.html

PROCEDURE – privilege – where proceedings concern testamentary capacity of deceased – where documents sought under subpoena addressed to deceased’s lawyer who is also lawyer for plaintiff seeking probate – where documents prima facie privileged under Evidence Act 1995 , s 119 or common law – application of Uniform Civil Procedure Rules, r 1.9 and Evidence Act to inspection of documents – whether Evidence Act , s 121 precludes privilege claim – whether deceased is “a client” for s 121 – whether privilege waived under Evidence Act , ss 122 or 126

Evidence Act 1995 (NSW)