Kabwand Pty Ltd & Ors v National Australia Bank Ltd & Ors [1987] FCA 561

Kabwand Pty Ltd & Ors v National Australia Bank Ltd & Ors [1987] FCA 561

Privilege is not waived by mistaken production if knowledge acquired is not complete; court may refuse further inspection or production of copies to protect privilege.

Parties
First Applicant: Kabwond Pty. Ltd.; Second Applicant: E.J.R. Pastoral Company Pty. Ltd.; Third Applicant: Edward Plantagenet Somerset and Elsie Joy Somerset; Respondent/cross Claimant: National Australia Bank Limited; First Cross Respondent: Kabwond Pty. Ltd.; Second Cross Respondent: Edward Plantagenet Somerset and Elsie Joy Somerset
Jurisdiction
Australia
Judgment Date
16 September 1987
Procedural Posture
Application for Discovery / Interlocutory Decision
Outcome
Application for discovery dismissed
Legal Topics
Discovery, Legal Professional Privilege, Waiver of Privilege
Civil Procedure Discovery Legal Professional Privilege Waiver of Privilege

Case Brief

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Parties

Kabwond Pty. Ltd.

First Applicant

E.J.R. Pastoral Company Pty. Ltd.

Second Applicant

Edward Plantagenet Somerset and Elsie Joy Somerset

Third Applicant

National Australia Bank Limited

Respondent/cross Claimant

Kabwond Pty. Ltd.

First Cross Respondent

Edward Plantagenet Somerset and Elsie Joy Somerset

Second Cross Respondent

Procedural Posture

Application for Discovery / Interlocutory Decision

Legal Issues

  1. 1 Whether production of privileged documents by mistake waives privilege
  2. 2 Whether respondent is entitled to inspection and copies of mistakenly produced documents

Ratio Decidendi

Privilege is not waived by mistaken production if knowledge acquired is not complete; court may refuse further inspection or production of copies to protect privilege.

Court Disposition

Application for discovery dismissed

Orders

  • Application for discovery dismissed
  • Costs be costs in the proceedings