Chaina v Presbyterian Church (NSW) Property Trust (No. 9) [2013] NSWSC 212

Privilege has been waived over documents MFI 28 and 29 because the plaintiffs' claims and evidence of mental incapacity are inconsistent with maintaining legal professional privilege in relation to those particular communications. MFI 27 is not inconsistent with the plaintiffs' claims and thus privilege is not waived for that document.

Jurisdiction: Australia
Judgment Date: 21 March 2013
Procedural Posture: Interlocutory Application / Decision on Admissibility/privilege (interlocutory)
Outcome: Privilege has been waived for MFI 28 and 29; tender of MFI 27 is rejected.
Legal Topics: ['client Legal Privilege' 'waiver of Privilege' 'mental Harm Claims' 'inconsistency Between Legal Claims and Privilege']

['evidence' 'professional Privilege'] ['client Legal Privilege' 'waiver of Privilege' 'mental Harm Claims' 'inconsistency Between Legal Claims and Privilege']

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Procedural Posture

Interlocutory Application / Decision on Admissibility/privilege (interlocutory)

Legal Issues

1 ['Whether client legal privilege has been waived in respect of certain documents (MFI 27, 28, 29) when a plaintiff claims mental incapacity affecting ability to conduct business or litigation.']

Ratio Decidendi

Court Disposition

Privilege has been waived for MFI 28 and 29; tender of MFI 27 is rejected.

Orders

['Privilege is waived in respect of MFI 28 and 29; these documents are admitted as exhibits.' 'The tender of MFI 27 is rejected.']