Watson & Anor. v. McLernon & 26 Ors.Watson v. McLernon & 27 Ors. [2000] NSWSC 114

Watson & Anor. v. McLernon & 26 Ors.Watson v. McLernon & 27 Ors. [2000] NSWSC 114

There was no waiver of legal professional privilege because the documents were produced by mistake, and the solicitor's general statement that he reviewed the whole file did not identify any particular document used to revive memory so as to engage s.122(6).

Jurisdiction
Australia
Judgment Date
01 March 2000
Procedural Posture
Evidence Ruling Concerning Legal Professional Privilege and Waiver / Ruling on Whether Privilege Was Waived in Relation to Documents in Exhibit VD1
Outcome
The Court found that there had not been waiver of the relevant documents.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'discovery' 'mistaken Production' 'reviving Memory' 'evidence Act S.122(6)' 'evidence Act S.126']
['evidence' 'civil Procedure'] ['legal Professional Privilege' 'waiver of Privilege' 'discovery' 'mistaken Production' 'reviving Memory' 'evidence Act S.122(6)' 'evidence Act S.126']

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Procedural Posture

Evidence Ruling Concerning Legal Professional Privilege and Waiver / Ruling on Whether Privilege Was Waived in Relation to Documents in Exhibit VD1

Legal Issues

  1. 1 ['Whether legal professional privilege in documents in Exhibit VD1 was waived by their production in the discovery process by mistake.' 'Whether s.122(6) of the Evidence Act applied because a solicitor said in cross-examination that he reviewed the whole file to prepare an affidavit.' 'If waiver occurred, whether it extended beyond the particular documents to other communications or documents under s.126 of the Evidence Act or on grounds of fairness.' 'Whether any privilege of Mr. James was waived by providing documents to the solicitors for the McLernon defendants.']

Ratio Decidendi

There was no waiver of legal professional privilege because the documents were produced by mistake, and the solicitor's general statement that he reviewed the whole file did not identify any particular document used to revive memory so as to engage s.122(6).

Court Disposition

The Court found that there had not been waiver of the relevant documents.

Orders

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