Hine v New South Wales Land and Housing Corporation [2009] FCA 502

Hine v New South Wales Land and Housing Corporation [2009] FCA 502

There is inconsistency between the maintenance of privilege and the respondents' conduct in issuing and pleading the clause 16 notice and its reasonableness, giving rise to an issue waiver for certain documents related to investigations and the state of mind formation.

Jurisdiction
Australia
Judgment Date
12 May 2009
Procedural Posture
Notice of Motion in Interlocutory Discovery Dispute / Interlocutory Application Determination
Outcome
Application granted in part
Legal Topics
['discovery' 'legal Professional Privilege' 'issue Waiver']
['practice and Procedure'] ['discovery' 'legal Professional Privilege' 'issue Waiver']

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Procedural Posture

Notice of Motion in Interlocutory Discovery Dispute / Interlocutory Application Determination

Legal Issues

  1. 1 ['Whether documents listed by the respondents attract legal professional privilege' 'Whether there has been an issue waiver with respect to privilege']

Ratio Decidendi

There is inconsistency between the maintenance of privilege and the respondents' conduct in issuing and pleading the clause 16 notice and its reasonableness, giving rise to an issue waiver for certain documents related to investigations and the state of mind formation.

Court Disposition

Application granted in part

Orders

  • ['By 19 May 2009, respondents to file and serve a supplementary list of documents producing for inspection documents over which privilege was claimed in the Amended List of Documents filed 16 March 2009, being documents that: (a) constitute or evidence investigations of an improper association with applicants; (b)...