Where a corporation claims litigation privilege under s 119 of the Evidence Act 1995 (NSW), the dominant purpose must be assessed from the perspective of the corporation, not the individual employee (including an in-house solicitor) who commissioned the document. A corporation with multiple purposes for commissioning a report bears the evidentiary burden of establishing that the litigation purpose was dominant from the corporate perspective, and failure to call evidence from other employees involved may be fatal to the privilege claim. Disclosure of an expert's recommendations without the underlying factual findings and reasoning does not constitute disclosure of the 'substance' of the report for the purposes of waiver.
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