Hancock & Anor v Rinehart & Ors [2013] NSWSC 1402

Hancock & Anor v Rinehart & Ors [2013] NSWSC 1402

Privilege was waived because GHR positively put her state of mind in relation to the 3 September 2011 letter at issue, referred to legal and accounting advice as the basis for her beliefs, and thereby created an inconsistency between the claimed privilege and the reliance on that advice. Access to the redacted parts of the documents was thus granted.

Jurisdiction
Australia
Judgment Date
23 September 2013
Procedural Posture
Interlocutory Application / Access to Documents; Objection to Disclosure of Privileged Documents
Outcome
Application granted
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' "trustee's Duties" 'access to Trust Documents' 'confidentiality']
['equity' 'trusts' 'evidence'] ['legal Professional Privilege' 'waiver of Privilege' "trustee's Duties" 'access to Trust Documents' 'confidentiality']

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Procedural Posture

Interlocutory Application / Access to Documents; Objection to Disclosure of Privileged Documents

Legal Issues

  1. 1 ['Whether privilege over parts of documents produced by PWC has been waived by GHR' 'Whether GHR may assert privilege over documents as trustee vis-a-vis the beneficiaries' 'Whether disclosure of legal advice to PWC or reference in correspondence constitutes waiver of privilege']

Ratio Decidendi

Privilege was waived because GHR positively put her state of mind in relation to the 3 September 2011 letter at issue, referred to legal and accounting advice as the basis for her beliefs, and thereby created an inconsistency between the claimed privilege and the reliance on that advice. Access to the redacted parts of the documents was thus granted.

Court Disposition

Application granted

Orders

  • ['Access granted to plaintiffs to redacted parts of the documents produced by PWC under subpoena.' "GHR is to pay the plaintiffs' costs of this application."]