Weidner v Cockrell, Kacavelis, Czygan

The case of Weidner v Cockrell, Kacavelis, Czygan involved a dispute arising from the sale of a farm, where the plaintiffs alleged that they had relied on misrepresentations concerning the financial returns and viability of the farm. The matter was heard in the Supreme Court of New South Wales. The primary focus of the case was on the discovery of certain documents, specifically the statements of the plaintiffs dated September 1999, which were alleged to have been made to the first defendant, an accountant. The plaintiffs argued that these statements were subject to legal professional privilege, while the defendants contended that the privilege had been waived because the statements had been disclosed to an expert.

The court had to determine whether the statements made by the plaintiffs to the first defendant were protected by legal professional privilege, and if so, whether this privilege was waived due to the disclosure of these statements to an expert. The plaintiffs argued that the statements were confidential and privileged, while the defendants maintained that the privilege was waived because the statements were disclosed to an expert, who subsequently prepared an expert report that was to be disclosed under the UCPR. The court's decision hinged on whether the disclosure to the expert constituted a waiver of privilege.

The court found that the statements were indeed subject to legal professional privilege, but held that this privilege was waived due to the disclosure of the statements to the expert. The court reasoned that the expert was engaged to provide an opinion on the matters at issue in the litigation, and therefore, the statements were disclosed for the dominant purpose of preparing the expert's report. The court concluded that the plaintiffs were required to disclose the statements to the first defendant's solicitors within seven days of the order. Additionally, the plaintiffs were ordered to pay the defendants' costs of and incidental to the action, which were to be assessed. Each party was granted liberty to apply upon giving three days' notice to the other parties.