Taylor v Killer Queen, LLC (No 2) [2021] FCA 680

Taylor v Killer Queen, LLC (No 2) [2021] FCA 680

Privilege was established in respect of all disputed documents save where respondents expressly conceded waiver. Privilege arose under common law or statute, and no further express or implied waiver was established by the applicant. The applicant's interlocutory application was therefore dismissed.

Parties
Applicant / Cross Respondent: Katie Jane Taylor; First Respondent / First Cross Claimant: Killer Queen, LLC; Second Respondent / Second Cross Claimant: Katheryn Elizabeth Hudson; Third Respondent: Kitty Purry, Inc; Fourth Respondent: Purrfect Ventures, LLC
Jurisdiction
Australia
Judgment Date
25 June 2021
Procedural Posture
Interlocutory Application in Intellectual Property Proceeding / Interlocutory Determination on Discovery/production of Documents
Outcome
Application dismissed
Legal Topics
Discovery of Documents, Legal Professional Privilege, Litigation Privilege, Trade Mark Attorney Advice Privilege, Waiver of Privilege
Practice and Procedure Intellectual Property Discovery of Documents Legal Professional Privilege Litigation Privilege Trade Mark Attorney Advice Privilege Waiver of Privilege

Case Brief

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Parties

Katie Jane Taylor

Applicant / Cross Respondent

Killer Queen, LLC

First Respondent / First Cross Claimant

Katheryn Elizabeth Hudson

Second Respondent / Second Cross Claimant

Kitty Purry, Inc

Third Respondent

Purrfect Ventures, LLC

Fourth Respondent

Procedural Posture

Interlocutory Application in Intellectual Property Proceeding / Interlocutory Determination on Discovery/production of Documents

Legal Issues

  1. 1 Whether documents discovered by the respondents are protected by legal advice privilege, litigation privilege or trade mark attorney advice privilege
  2. 2 Whether any privilege has been waived, expressly or impliedly, in respect of any of the discovered documents

Ratio Decidendi

Privilege was established in respect of all disputed documents save where respondents expressly conceded waiver. Privilege arose under common law or statute, and no further express or implied waiver was established by the applicant. The applicant's interlocutory application was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • The Applicant's Interlocutory Application filed on 15 April 2021 is dismissed.
  • Subject to a potential further application by submission, the Applicant is to pay the Respondents' costs of the Interlocutory Application filed 15 April 2021.