H M & O Investments Pty Limited v Ingram (No.1) [2011] NSWSC 550

H M & O Investments Pty Limited v Ingram (No.1) [2011] NSWSC 550

Section 118(a) of the Evidence Act 1995 (NSW) prohibits disclosure of the content or substance of a confidential communication or confidential document, not the mere fact that legal advice on a particular topic was sought or given. A yes or no answer to whether Mr Miller advised Mr Salmon about particular contract terms would reveal at most whether advice on that topic was given and would not reveal the terms or substance of the advice. The objection was therefore over-ruled and the question allowed.

Jurisdiction
Australia
Judgment Date
10 June 2011
Procedural Posture
Procedural Ruling on Objection to Evidence Based on Client Legal Privilege / Cross Examination in Proceedings in the Equity Division Commercial List
Outcome
Objection over-ruled; question allowed.
Legal Topics
['disclosure of Confidential Communication' 'meaning of Communication' 'meaning of Disclosure' 'legal Advice Privilege Under S 118 of the Evidence Act 1995 (nsw)' 'misleading or Deceptive Conduct']
['evidence' 'client Legal Privilege' 'commercial Litigation'] ['disclosure of Confidential Communication' 'meaning of Communication' 'meaning of Disclosure' 'legal Advice Privilege Under S 118 of the Evidence Act 1995 (nsw)' 'misleading or Deceptive Conduct']

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Procedural Posture

Procedural Ruling on Objection to Evidence Based on Client Legal Privilege / Cross Examination in Proceedings in the Equity Division Commercial List

Legal Issues

  1. 1 ['Whether a yes or no answer about whether a solicitor gave advice on particular terms of a draft contract would result in disclosure of a confidential communication prohibited by s 118(a) of the Evidence Act 1995 (NSW).' 'Whether client legal privilege protects the fact that legal advice on a particular topic was sought or given, as distinct from the terms or substance of the advice.']

Ratio Decidendi

Section 118(a) of the Evidence Act 1995 (NSW) prohibits disclosure of the content or substance of a confidential communication or confidential document, not the mere fact that legal advice on a particular topic was sought or given. A yes or no answer to whether Mr Miller advised Mr Salmon about particular contract terms would reveal at most whether advice on that topic was given and would not reveal the terms or substance of the advice. The objection was therefore over-ruled and the question allowed.

Court Disposition

Objection over-ruled; question allowed.

Orders

  • ['Objection over-ruled.' 'Question allowed.']