FX Group Holdings Pty Ltd v Perpetual Trustee Company Limited as trustee of the CPEC 8 Trust A (formerly the CHAMP IV Trust A) [2023] NSWSC 681
Privilege is waived only for the parts of communications relevant to the allegations regarding the Profit Sharing Arrangement, not the entire email chains. Where the redacted material relates to different subject matters, there is no inconsistency necessitating waiver of privilege over those contents.
- Jurisdiction
- Australia
- Judgment Date
- 21 June 2023
- Procedural Posture
- Commercial List Equity / Procedural Ruling on Privilege Waiver and Notice of Motion
- Outcome
- Notice of Motion dismissed with costs
- Legal Topics
- ['client Legal Privilege' 'waiver of Privilege' 'rectification' 'share Sale Agreement']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Commercial List Equity / Procedural Ruling on Privilege Waiver and Notice of Motion
Legal Issues
- 1 ['Whether making certain allegations in a cross-claim waives client legal privilege over entire email chains' 'Extent of privilege waiver regarding communications relating to profit sharing arrangement in Share Sale Agreement']
Ratio Decidendi
Privilege is waived only for the parts of communications relevant to the allegations regarding the Profit Sharing Arrangement, not the entire email chains. Where the redacted material relates to different subject matters, there is no inconsistency necessitating waiver of privilege over those contents.
Court Disposition
Notice of Motion dismissed with costs
Orders
- ["First and second cross-defendants' Notice of Motion of 30 May 2023 is dismissed with costs"]
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