Seven Network Limited v News Limited [2006] FCA 707

Seven Network Limited v News Limited [2006] FCA 707

Privilege was waived for paragraphs 5, the introductory words of paragraph 6, paragraph 6(c) and paragraph 7 because those parts were sufficiently connected with the disclosed legal advice that the risk of damages against Optus was low and with pleaded issues concerning breach of cl 8A, Singtel's knowledge or inducement, and exemplary damages. Privilege was maintained for paragraphs 6(d), 8 and 9 because they concerned discrete matters not shown to be relevant to the pleaded allegations or to the waiver. Paragraph 6(h) required further redaction consideration because it might reveal privileged content of paragraph 6(d).

Jurisdiction
Australia
Judgment Date
04 April 2006
Procedural Posture
Interlocutory Application Concerning Legal Professional Privilege and Waiver / Application by the Applicants for Access to Redacted Parts of a Letter Dated 18 February 2002 in Substantive Proceedings Part Heard Before Sackville J
Outcome
Privilege upheld in part and rejected in part; applicants obtained access to some redacted material, subject to further redaction process for paragraph 6(h).
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'redacted Legal Advice' 'disclosure' 'exemplary Damages']
['evidence' 'civil Procedure'] ['legal Professional Privilege' 'waiver of Privilege' 'redacted Legal Advice' 'disclosure' 'exemplary Damages']

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Procedural Posture

Interlocutory Application Concerning Legal Professional Privilege and Waiver / Application by the Applicants for Access to Redacted Parts of a Letter Dated 18 February 2002 in Substantive Proceedings Part Heard Before Sackville J

Legal Issues

  1. 1 ['Whether legal professional privilege over paragraphs 5, the introductory words to paragraph 6, paragraph 6(c), paragraph 6(d), paragraph 6(h), paragraph 7, paragraph 8 and paragraph 9 of the 18 February 2002 Baker & McKenzie letter had been waived.' 'Whether particular redacted portions of the letter dealt with discrete issues outside the waiver found in Seven Network Limited v News Limited (No 12) [2006] FCA 348.' 'Whether the redacted advice was relevant to pleaded allegations concerning breach of cl 8A, inducement by Singtel, and exemplary damages.']

Ratio Decidendi

Privilege was waived for paragraphs 5, the introductory words of paragraph 6, paragraph 6(c) and paragraph 7 because those parts were sufficiently connected with the disclosed legal advice that the risk of damages against Optus was low and with pleaded issues concerning breach of cl 8A, Singtel's knowledge or inducement, and exemplary damages. Privilege was maintained for paragraphs 6(d), 8 and 9 because they concerned discrete matters not shown to be relevant to the pleaded allegations or to the waiver. Paragraph 6(h) required further redaction consideration because it might reveal privileged content of paragraph 6(d).

Court Disposition

Privilege upheld in part and rejected in part; applicants obtained access to some redacted material, subject to further redaction process for paragraph 6(h).

Orders

  • ['Declares that the claim for privilege in respect of paragraph 5 and the introductory words to paragraph 6 and paragraph 6(c) and paragraph 7 has not been established.' 'Directs the Optus and Singtel parties to prepare a redacted form of paragraph (h) if they wish to maintain any claim to privilege in respect to...