JRD Ghalloub Pty Ltd v Anthony Ghalloub Robert Eltobbagi v Anthony Ghalloub

In the case of JRD Ghalloub Pty Ltd v Anthony Ghalloub and Robert Eltobbagi v Anthony Ghalloub, the dispute centred around the admissibility of certain evidence in relation to a claim for unpaid director's fees and an accounting of funds. The case was heard in the Supreme Court of New South Wales. The plaintiffs sought to introduce evidence which was allegedly protected by legal professional privilege and self-incrimination. The defendant opposed the introduction of this evidence on the basis that it should be excluded from proof.

The legal issues before the court were whether the evidence in question was protected by legal professional privilege and self-incrimination, and whether an order under section 128A(6) of the Evidence Act 1995 (NSW) should be granted to exclude the evidence from proof. Additionally, the court had to consider whether a certificate under section 128A(7) of the Evidence Act 1995 (NSW) should be granted to confirm that the disclosure of the redacted information would not materially assist the plaintiff but may impede, and not materially assist, the conduct of criminal or other proceedings.

The court found that the evidence was protected by legal professional privilege and self-incrimination. It was determined that the disclosure of the redacted information would not materially assist the plaintiff but may impede, and not materially assist, the conduct of criminal or other proceedings. Consequently, the court granted an order under section 128A(6) of the Evidence Act 1995 (NSW) to exclude the evidence from proof. Additionally, a certificate under section 128A(7) of the Evidence Act 1995 (NSW) was issued, confirming the findings.

The final orders of the court were that the evidence in question was excluded from proof and that a certificate was issued under section 128A(7) of the Evidence Act 1995 (NSW) confirming the findings of the court.