WOOD (AS CO-EXECUTOR AND TRUSTEE OF THE WILL OF THE DECEASED) -v- WOOD [No 3] [2014] WASC 388 (27 October 2014)

1 KENNETH MARTIN J: At the conclusion of argument throughout 1 September 2014 on the plaintiffs' (Executors') application for directions and private advice pursuant to s 92 of the Trustees Act 1962 (WA), I was advised of an application to be made by counsel for the corporation Second Skin Pty Ltd (Second Skin). This was to advance Second Skin's assertion of a claim of legal professional privilege over two tranches of documents referred to within materials read during the course of the day on behalf of Mr Rudolf Baur, the second defendant. They are attachments to Mr Baur's sixth affidavit, sworn 20 August 2014 and as well read on behalf of Mr Robert Charles Scott, who is the third defendant (of effectively some of the same material).

2 One attachment to the sixth affidavit of Mr Baur is KRB52. This is, in fact, a series of five emails, with their attachments, exchanged in the period between 12 June and 22 June 2012, between Mr Morgan Solomon (said to be acting in the capacity of legal advisor through law firm Bowen Buchbinder Vilensky (BBV)) and directed to the attention of a Ms Shirley Anne Fletcher. Ms Fletcher was appointed as a director of Second Skin on 2 April 2012, but at material times was effectively the personal assistant to the late Ms Jennifer Ballantyne. Ms Ballantyne was at these times seriously ill with breast cancer. She subsequently died on 7 July 2012.