BrisConnections Finance Pty Limited (Receivers and Managers appointed) v Arup Pty Limited [2016] FCA 438

BrisConnections Finance Pty Limited (Receivers and Managers appointed) v Arup Pty Limited [2016] FCA 438

Arup’s Cross-Claim, by pleading reliance, did not expressly or implicitly put in issue the content of any privileged communications or legal advice it received. Mere relevance of privileged communications to an issue is insufficient to amount to waiver. No conduct inconsistent with maintenance of privilege was demonstrated, so the application asserting waiver was dismissed.

Jurisdiction
Australia
Judgment Date
28 April 2016
Procedural Posture
Interlocutory Application in Commercial Contract Dispute / Interlocutory Application (waiver of Legal Professional Privilege) – Ruling
Outcome
Interlocutory application dismissed; costs order in favour of Cross-Claimant against First Cross-Respondent.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'interlocutory Applications' 'discovery of Documents' 'misleading or Deceptive Conduct']
['practice and Procedure' 'evidence' 'commercial Law'] ['legal Professional Privilege' 'waiver of Privilege' 'interlocutory Applications' 'discovery of Documents' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Interlocutory Application in Commercial Contract Dispute / Interlocutory Application (waiver of Legal Professional Privilege) – Ruling

Legal Issues

  1. 1 ['Whether Arup Pty Limited waived legal professional privilege by the terms of its Cross-Claim in Federal Court proceedings' 'Whether the content of privileged communications was put in issue so as to amount to waiver']

Ratio Decidendi

Arup’s Cross-Claim, by pleading reliance, did not expressly or implicitly put in issue the content of any privileged communications or legal advice it received. Mere relevance of privileged communications to an issue is insufficient to amount to waiver. No conduct inconsistent with maintenance of privilege was demonstrated, so the application asserting waiver was dismissed.

Court Disposition

Interlocutory application dismissed; costs order in favour of Cross-Claimant against First Cross-Respondent.

Orders

  • ['The Interlocutory Application filed by the First Cross-Respondent on 21 March 2016 is dismissed.' 'The First Cross-Respondent is to pay the costs of the Cross-Claimant.']