LAKATOI v WALKER [1999] NSWSC 156
Communications and documents disclosed to members of the Due Diligence Committee, who were under an express or implied obligation of confidentiality, did not result in a waiver of client legal privilege under s.122(2)(a) of the Evidence Act 1995, and thus the claim for privilege succeeded.
- Jurisdiction
- Australia
- Judgment Date
- 11 March 1999
- Procedural Posture
- Notice of Motion / Interlocutory
- Outcome
- Plaintiffs' Notice of Motion dismissed with costs. Exhibit to be returned.
- Legal Topics
- ['client Legal Privilege' 'confidential Communications' 'waiver of Privilege' 'evidence Act Application']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Notice of Motion / Interlocutory
Legal Issues
- 1 ['Whether disclosure to other members of the Due Diligence Committee amounts to waiver of client legal privilege under s.122(2)(a) of the Evidence Act' 'Whether documents prepared or circulated in the course of legal advice for a due diligence process are confidential communications or documents for the purposes of client legal privilege' 'Whether the Evidence Act 1995 applies at the interlocutory stage']
Ratio Decidendi
Communications and documents disclosed to members of the Due Diligence Committee, who were under an express or implied obligation of confidentiality, did not result in a waiver of client legal privilege under s.122(2)(a) of the Evidence Act 1995, and thus the claim for privilege succeeded.
Court Disposition
Plaintiffs' Notice of Motion dismissed with costs. Exhibit to be returned.
Orders
- ["Plaintiffs' Notice of Motion filed on 22 February 1999 dismissed with costs." 'Exhibit to be returned.']
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