Allstate Life Insurance Co & Ors v Australia & New Zealand Banking Group Ltd & Ors [1995] FCA 1081

Allstate Life Insurance Co & Ors v Australia & New Zealand Banking Group Ltd & Ors [1995] FCA 1081

The evidence does not establish that disclosure of the market value figures in the daily activity reports would reveal the substance of legal advice, and therefore legal professional privilege is not made out regarding those figures.

Jurisdiction
Australia
Judgment Date
19 December 1995
Procedural Posture
Civil / Interlocutory Motion for Production (discovery)
Outcome
Application for production for inspection without redactions granted; privilege claim rejected; costs ordered against Ariel Entities.
Legal Topics
['discovery' 'legal Professional Privilege' 'document Production']

Case Brief

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Procedural Posture

Civil / Interlocutory Motion for Production (discovery)

  1. 1 ["Whether the Ariel Entities are entitled to redact 'market value' information in discovered daily activity reports on the grounds of legal professional privilege."]

Ratio Decidendi

The evidence does not establish that disclosure of the market value figures in the daily activity reports would reveal the substance of legal advice, and therefore legal professional privilege is not made out regarding those figures.

Court Disposition

Application for production for inspection without redactions granted; privilege claim rejected; costs ordered against Ariel Entities.

Orders

  • ['Order for production for inspection as sought by Skadden Arps by 22 January 1996.' 'Leave granted to the Ariel Entities to apply in relation to production by filing a notice of motion by 22 December 1995, returnable before the Duty Judge.' "Ariel Entities to pay the costs of Skadden Arps' motion."]