| Send for Reporting | ||
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
S CI 4788 2009
| CAROL ANN MATTHEWS | Plaintiff |
| v | |
| SPI ELECTRICITY PTY LTD (ACN 064 651 118) & ORS (according to the schedule of parties) | Defendants |
| AND BETWEEN | |
| SPI ELECTRICITY PTY LTD (ACN 064 651 118) | Plaintiff by Counterclaim |
| ACN 060 674 580 & Ors (according to the schedule of parties) | Defendants by Counterclaim |
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JUDGE: | Derham AsJ | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 15 March 2013 | |
DATE OF JUDGMENT: | 19 March 2013 | |
CASE MAY BE CITED AS: | Matthews v SPI Electricity Pty Ltd & anor (No 3) | |
MEDIUM NEUTRAL CITATION: | [2013] VSC 116 | Revised 20 March 2013 |
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PRACTICE AND PROCEDURE – application made under s 29 of the Civil Procedure Act2010 and Supreme Court (Civil Procedure) Rules 2005 Ch 1 r 34.01 – production by first defendant (SPI) of consent or permission of landowners to enter land on which Pentadeen Spur constructed to carry out tests for the purpose of its defence to the plaintiff’s claims – whether SPI in breach of overarching obligation of cooperation (s 20 of the Civil Procedure Act2010) – whether orders facilitate the just, efficient, timely and cost effective resolution of the real issues in dispute (s 7 of Civil Procedure Act2010) – whether orders conducive to the effective, complete, prompt and economical determination of the proceeding (r 34.01) – orders for production of consent made.
EVIDENCE – loss of client legal privilege – s 125 Evidence Act 2010 (Vic) – whether communications made in furtherance of a deliberate abuse of power – authority to enter land – whether orders should be made for SPI to produce evidence of consent or permission of landowners to enter land for purpose of plaintiff’s reliance on s 125.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr Andrew Keogh SC with Ms Melanie Szydzik | Maurice Blackburn Lawyers |
| For the First Defendant SPI Electricity Pty Ltd | Mr Philip H Solomon SC with Mr Charles O Parkinson | Herbert Smith Freehills |
HIS HONOUR:
Introduction
On 12 March 2013 I was asked by J Forrest J, who is conducting the trial of this Group Proceeding, amongst others, to hear a further application[1] for production of discovered documents the subject of a claim of client legal privilege (“privilege”).
[1]The first such claim was decided in Matthews v SPI Electricity Pty LtdandSPI Electricity Pty Ltd v ACN 060 674 580 & Ors (formerly Utilities Services Corporation Ltd) [2013] VSC 33 (‘Matthews v SPI (No 1)’).
The parties appeared before me on 13 March 2013, at which time I made directions to facilitate the hearing of the claim. The first matter was described by Mr Keogh SC, who appeared with Ms Szydzik for the plaintiff, as a preliminary issue. It is the issue of the landowners giving their consent to the first defendant (“SPI”) entering their land to set up the Valley Span test, as…
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- Case
- [2013] VSC 116
- Decision Date
CaseChat Overview and Summary
The court found that SPI had breached its overarching obligation of cooperation by not producing the consent or permission of the landowners to enter the land. It was held that the orders would facilitate the just, efficient, timely and cost effective resolution of the real issues in dispute and be conducive to the effective, complete, prompt and economical determination of the proceeding. The court held that the orders should be made for SPI to produce evidence of consent or permission of the landowners to enter the land for the purpose of the plaintiff’s reliance on s 125 of the Evidence Act 2010 (Vic). The court held that there was no evidence of deliberate abuse of power in the communications made in furtherance of the authority to enter the land.
The court ordered SPI to produce the evidence of consent or permission of the landowners to enter the land for the purpose of the plaintiff’s reliance on s 125 of the Evidence Act 2010 (Vic). This decision highlights the importance of cooperation and the disclosure of relevant evidence in civil proceedings.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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