SHARON Y EUBANKS FOR THE UNITED STATES OF AMERICA v NICHOLAS BASIL CANNAR AND BRITISH AMERICAN TOBACCO

Supreme Court of NSW|2003-12-19|Before: Bell J, James J

The Applicant, Nicholas Cannar, is to pay the Respondent's costs of and incidental to the hearing of the relief claimed in paragraph 1 of his Amended Notice of Motion filed on 4 June 2003.

Each party is to bear its own costs with respect to the applicant, Nicholas Cannar's Further Amended Motion filed pursuant to leave granted by me on 7 November 2003.

BATCo is to pay the plaintiff's costs of and incidental to the objections taken by it upon the grounds of client legal privilege on the hearing of the Amended Motion brought by Nicholas Cannar.

BATCo is to pay the Respondent's costs of its motion filed on 19 February 2003.

Last Modified: 03/19/2004 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : SHARON Y EUBANKS FOR THE UNITED STATES OF AMERICA v NICHOLAS BASIL CANNAR AND BRITISH AMERICAN TOBACCO (INVESTMENTS) LIMITED [2003] NSWSC 1267 HEARING DATE(S) : 7/11/03 JUDGMENT DATE : 19 December 2003

Evidence Act 1995 LEGISLATION CITED : Evidence On Commission Act 1995 Supreme Court Act 1970 Supreme Court Rules 1970 Lenning v Alexander Proudfoot Company World Headquarters (unreported) NSW CA 22 April 1991 Magnusson v ACT Health & Community Care Service [2001] ACTSC 3 CASES CITED : Re Western Canada Oil, Lands and Works Company (1877) 6 Ch D 109 Scott v Scott [1913] AC 417 United States of America v Phillip Morris [2003] All ER (191) DEC SHARON Y EUBANKS FOR THE UNITED STATES OF AMERICA - (Respondent) PARTIES : NICHOLAS BASIL CANNAR - (Applicant) BRITISH AMERICAN TOBACCO (INVESTMENTS) LIMITED FILE NUMBER(S) : SC 13177/02 Dr Bell (Respondent - Ms Eubanks) COUNSEL : Mr Gageler SC / Mr Speakman / Ms Richardson (Applicant - Mr Cannar) Mr S Finch SC (Batco) Ebsworth & Ebsworth (Respondent - Ms Eubanks) SOLICITORS : Gilbert & Tobin (Applicant - Mr Cannar) Baker & McKenzie (Batco)

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