Lampson & 2 Ors v McKendry & Anor [2001] NSWSC 373

Lampson & 2 Ors v McKendry & Anor [2001] NSWSC 373

Legal professional privilege over defendants' statements is not waived by compulsory disclosure of facts and assumptions drawn from those statements in an expert report, where the statements themselves were not supplied to the expert nor relied upon for the expert's opinion, and thus fairness does not require that waiver be imputed.

Jurisdiction
Australia
Judgment Date
14 May 2001
Procedural Posture
Notice of Motion / Pre Trial Determination
Outcome
Application dismissed
Legal Topics
['legal Professional Privilege' 'production of Documents' 'expert Evidence' 'waiver of Privilege']
['civil Procedure' 'medical Negligence'] ['legal Professional Privilege' 'production of Documents' 'expert Evidence' 'waiver of Privilege']

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Procedural Posture

Notice of Motion / Pre Trial Determination

Legal Issues

  1. 1 ["Whether legal professional privilege over defendants' statements has been waived by reference in expert reports" "Whether defendants' statements should be provided to plaintiffs"]

Ratio Decidendi

Legal professional privilege over defendants' statements is not waived by compulsory disclosure of facts and assumptions drawn from those statements in an expert report, where the statements themselves were not supplied to the expert nor relied upon for the expert's opinion, and thus fairness does not require that waiver be imputed.

Court Disposition

Application dismissed

Orders

  • ["The plaintiffs' notice of motion filed 3 April 2001 is dismissed." "The plaintiffs are to pay the defendants' costs."]