Carbotech-Australia Pty Ltd v Yates [2008] NSWSC 1151 (10 October 2008)

PROCEDURE – SUBPOENAS – plaintiffs seeking access to documents produced under subpoena by former solicitors of defendants – whether question of access to subpoenaed material determined under common law, (NSW) Evidence Act 1995, or Uniform Civil Procedure Rules, r 1.9 – CLIENT LEGAL PRIVILEGE – whether documents subject to client legal privilege – where substantial volume of documents produced to Court with no evidence of authors’ purpose(s) – inspection by Court – necessity for proper evidence of purpose – whether client legal privilege lost due to communications being in furtherance of criminal or fraudulent act – whether person providing advice must know criminal or fraudulent purpose – meaning of “furtherance” of a criminal or fraudulent act – WAIVER – where some documents over which privilege is claimed were exhibited to affidavits read in proceedings – whether the defendants have waived privilege over those documents

(NSW) Evidence Act 1995, ss 118, 125
(NSW) Uniform Civil Procedure Rules, r 1.9, Pt 33