http://www.austlii.edu.au/au/cases/vic/VSC/2013/116.html
PRACTICE AND PROCEDURE – application made under s 29 of the Civil Procedure Act 2010 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 Act 2010) – whether orders facilitate the just, efficient, timely and cost effective resolution of the real issues in dispute (s 7 of Civil Procedure Act 2010) – 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.