Linfox Transport (Aust) Pty Ltd v Arthur Yates & Co Ltd [2003] NSWSC 932

Linfox Transport (Aust) Pty Ltd v Arthur Yates & Co Ltd [2003] NSWSC 932

Linfox, by its conduct and the affidavit evidence, has consented to evidence being adduced regarding communications leading to Mr Pearce's belief as to the error in his affidavit, thus waiving client legal privilege under s122(1) Evidence Act 1995 with respect to the drafting of the August 2001 affidavit.

Parties
Plaintiff/cross Defendant: Linfox Transport (Aust) Pty Ltd; Defendant/cross Claimant: Arthur Yates & Co Ltd
Jurisdiction
Australia
Judgment Date
15 October 2003
Procedural Posture
Commercial List (equity Division) / Interlocutory Decision on Client Legal Privilege
Outcome
Privilege waived for evidence regarding drafting of the August 2001 affidavit; question of privilege regarding November 2002 affidavit left open.
Legal Topics
Client Legal Privilege, Waiver of Privilege
Evidence Client Legal Privilege Waiver of Privilege

Case Brief

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Parties

Linfox Transport (Aust) Pty Ltd

Plaintiff/cross Defendant

Arthur Yates & Co Ltd

Defendant/cross Claimant

Procedural Posture

Commercial List (equity Division) / Interlocutory Decision on Client Legal Privilege

Legal Issues

  1. 1 Has Linfox lost client legal privilege regarding communications between Mr Pearce and its lawyers?
  2. 2 Does consent or disclosure under s122 Evidence Act 1995 apply?

Ratio Decidendi

Linfox, by its conduct and the affidavit evidence, has consented to evidence being adduced regarding communications leading to Mr Pearce's belief as to the error in his affidavit, thus waiving client legal privilege under s122(1) Evidence Act 1995 with respect to the drafting of the August 2001 affidavit.

Court Disposition

Privilege waived for evidence regarding drafting of the August 2001 affidavit; question of privilege regarding November 2002 affidavit left open.

Orders

  • Cross-examination permitted regarding the drafting of the August 2001 affidavit and Mr Pearce's beliefs as to the error.