Resilium Pty Ltd v Nest Insurance Consult Pty Ltd (No 3) [2024] NSWSC 65

Resilium Pty Ltd v Nest Insurance Consult Pty Ltd (No 3) [2024] NSWSC 65

Mr Nguyen disclosed the substance of legal advice to Azure during negotiations, but there was no evidence about the stage those negotiations had reached or other circumstances showing a common interest. In the absence of evidence from Mr Nguyen, and with Resilium having shown disclosure that on its face amounted to waiver, common interest privilege was not established. The email sent to Mr Nguyen's solicitor and copied to Mr Edgar of Azure was an even clearer case of waiver. Accordingly, any privilege that might otherwise have attached to the documents in Packet S-19 had been waived.

Jurisdiction
Australia
Judgment Date
02 February 2024
Procedural Posture
Procedural Ruling in Equity Commercial List Concerning Client Legal Privilege and Documents Produced on Subpoena / Dispute Over Whether Nest or Postcode Waived Client Legal Privilege in Documents Produced by Azure in Packet S 19
Outcome
Common interest privilege not established; the Resilium parties may inspect all documents in Packet S-19.
Legal Topics
['client Legal Privilege' 'waiver of Privilege' 'common Interest Privilege' 'subpoenaed Documents' 'inspection of Documents' 'contract Negotiations']
['evidence' 'civil Procedure' 'equity Commercial List'] ['client Legal Privilege' 'waiver of Privilege' 'common Interest Privilege' 'subpoenaed Documents' 'inspection of Documents' 'contract Negotiations']

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Procedural Posture

Procedural Ruling in Equity Commercial List Concerning Client Legal Privilege and Documents Produced on Subpoena / Dispute Over Whether Nest or Postcode Waived Client Legal Privilege in Documents Produced by Azure in Packet S 19

Legal Issues

  1. 1 ['Whether Nest or Postcode waived client legal privilege over documents produced by Azure in Packet S-19.' 'Whether disclosure of legal advice by Mr Nguyen to representatives of Azure during negotiations was protected by common interest privilege.' 'Whether the Resilium parties should be permitted to inspect the documents in Packet S-19.']

Ratio Decidendi

Mr Nguyen disclosed the substance of legal advice to Azure during negotiations, but there was no evidence about the stage those negotiations had reached or other circumstances showing a common interest. In the absence of evidence from Mr Nguyen, and with Resilium having shown disclosure that on its face amounted to waiver, common interest privilege was not established. The email sent to Mr Nguyen's solicitor and copied to Mr Edgar of Azure was an even clearer case of waiver. Accordingly, any privilege that might otherwise have attached to the documents in Packet S-19 had been waived.

Court Disposition

Common interest privilege not established; the Resilium parties may inspect all documents in Packet S-19.

Orders

  • ['The Resilium parties have access to the documents in Packet S-19.' 'Resilium may inspect all the documents in Packet S-19 on the basis that such privilege as might otherwise have attached to those documents has been waived.']