Secure Logic Pty Limited v Paul William Noble [2019] NSWSC 991

Secure Logic Pty Limited v Paul William Noble [2019] NSWSC 991

First and second defendants’ conduct in revealing part of legal advice for the purposes of defending breach of confidence allegations is inconsistent with maintaining privilege over related advice and documents; thereby, privilege is waived and wider disclosure is required.

Jurisdiction
Australia
Judgment Date
06 August 2019
Procedural Posture
Equity / Interlocutory Ruling on Client Legal Privilege Waiver
Outcome
Privilege waived by conduct; wider disclosure of specified documents ordered.
Legal Topics
['client Legal Privilege' 'waiver of Privilege' 'disclosure of Documents' 'legal Advice' 'permanent Injunction' 'misuse of Confidential Information']
['evidence' 'equity'] ['client Legal Privilege' 'waiver of Privilege' 'disclosure of Documents' 'legal Advice' 'permanent Injunction' 'misuse of Confidential Information']

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Procedural Posture

Equity / Interlocutory Ruling on Client Legal Privilege Waiver

Legal Issues

  1. 1 ['Whether waiver of client legal privilege over certain documents has occurred' 'Extent of privilege waiver in relation to legal advice disclosed to defend breach of confidence claims']

Ratio Decidendi

First and second defendants’ conduct in revealing part of legal advice for the purposes of defending breach of confidence allegations is inconsistent with maintaining privilege over related advice and documents; thereby, privilege is waived and wider disclosure is required.

Court Disposition

Privilege waived by conduct; wider disclosure of specified documents ordered.

Orders

  • ['All parts of documents previously claimed as privileged where the Court finds waiver must be disclosed to the other parties by 1.00pm on the day of the order.' "Of six redacted numbered sectors in the Carroll & O'Dea file note dated 23 June 2016: 1 (waived), 2 (not waived), 3 (waived), 4 (not waived), 5 (not...