Green v AMP Life [2005] NSWSC 95

All the documents in the Minter Ellison file are protected by client legal privilege under section 118 of the Evidence Act 1995, including drafts and copies of documents provided for obtaining legal advice, and none fall within the exception in section 121(3) because they do not themselves affect any rights directly.

Jurisdiction: Australia
Judgment Date: 16 February 2005
Procedural Posture: Notice of Motion in Equity Proceedings / Interlocutory Application Privilege Claim Regarding Documents
Outcome: Motion dismissed. Documents privileged.
Legal Topics: ['client Legal Privilege' 'document Discovery' 'evidence Act 1995' 'exceptions to Privilege']

['equity' 'evidence'] ['client Legal Privilege' 'document Discovery' 'evidence Act 1995' 'exceptions to Privilege']

Case Brief

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Procedural Posture

Notice of Motion in Equity Proceedings / Interlocutory Application Privilege Claim Regarding Documents

Legal Issues

1 ['Whether copies of documents not themselves privileged, provided to a solicitor for obtaining advice, are privileged under Evidence Act 1995' 'Whether drafts of transaction documents prepared by a solicitor are privileged under Evidence Act 1995' 'Whether the exception to privilege in section 121(3) Evidence Act 1995 applies to documents affecting a right of a person']

Ratio Decidendi

Court Disposition

Motion dismissed. Documents privileged.

Orders

['The notice of motion is dismissed.' 'The applicant is to pay the costs of the respondent.']