Cheung and Cheung

In the matter of *Cheung and Cheung*, Justice Jordan of the Supreme Court of New South Wales was required to determine an application concerning the production of documents. The applicant husband sought to access certain documents from the respondent, G Pty Ltd, which G Pty Ltd had resisted on grounds of privilege.

The central legal issue before the Court was whether G Pty Ltd had successfully established its claim to legal professional privilege over the documents it had produced pursuant to a subpoena. This involved an assessment of whether the documents were created for the dominant purpose of obtaining legal advice or for use in litigation.

Justice Jordan found that G Pty Ltd had not discharged its onus of proving that the dominant purpose for the creation of the documents was for obtaining legal advice or for use in litigation. Consequently, the Court dismissed the applicant husband's application to compel the production of these documents. The Court ordered that the applicant husband pay G Pty Ltd's costs of the application and that the documents produced under the subpoena be returned to G Pty Ltd.