Bennett v WMC (Olympic Dam Corporation) P/L & Akula P/L (in Liq) & CGU Insurance Ltd

Bennett commenced proceedings against WMC (Olympic Dam Corporation) P/L and Akula P/L, with CGU Insurance Ltd being a third party. The dispute involved issues of discovery and interrogatories, with Bennett seeking particulars of documents for which legal professional privilege was claimed and discovery of any insurance policy that might respond to the plaintiff's claim. The matter was appealed from a decision of the Master to postpone the determination of Bennett's application.

The court had to decide whether Bennett's application for particulars of documents and discovery of any insurance policy should be determined. Specifically, the court needed to determine if the documents claimed to be privileged were relevant to the issues arising from the pleadings and if the discovery of any insurance policy was necessary. The court also had to consider whether the Master's decision to postpone the application was appropriate.

The court found that the application for particulars of documents for which legal professional privilege was claimed should not be granted, as the documents in question were directly relevant to an issue arising on the pleadings. However, the court ordered the discovery of any insurance policy to which the defendant was a party, which might cover, in whole or in part, the occurrence that was the basis of the plaintiff's claim. The court held that the Master's decision to postpone the application was inappropriate and should be determined.

The court made an order for the discovery of any insurance policy to which the defendant was a party, which might cover the occurrence that was the basis of the plaintiff's claim. The court did not grant the application for particulars of documents for which legal professional privilege was claimed.