Bin Li v Changshun Wang & Jianrong Su

The case involved Bin Li suing Changshun Wang and Jianrong Su. The dispute centred on whether legal professional privilege was waived, and if so, whether the common law or the Evidence Act 1995 (NSW) applied. The Supreme Court of New South Wales was tasked with determining the applicability of the relevant legislation and issuing directions.

The legal issues included whether the common law or statutory provisions under the Evidence Act 1995 (NSW) governed the waiver of legal professional privilege in this instance, and if the statutory provisions applied, whether the privilege was waived under sections 122, 131, and 131A of the Act. The court had to decide whether the privilege was waived by the circumstances of the case, and if so, how this would impact the disclosure of documents.

The court found that the statutory provisions applied and that the privilege had indeed been waived. It held that the specific provisions of the Evidence Act 1995 (NSW) were relevant and that the circumstances surrounding the disclosure of the documents indicated a waiver. The court ruled that the privilege was waived under section 131 of the Act, which addresses situations where a party to a proceeding waives a privilege that applies to the party. The court provided clear directions on the application of the statutory provisions and the circumstances in which privilege may be deemed waived.

The court's decision resulted in the waiver of legal professional privilege under the Evidence Act 1995 (NSW). It made directions for the disclosure of the documents in question, ensuring that the statutory framework was correctly applied. The final orders included specific directions for the parties regarding the disclosure of documents and the application of the relevant provisions of the Evidence Act 1995 (NSW).