Gough & Gilmour Holdings Pty Ltd and ors v Caterpillar of Australia Ltd and anor (No. 6) [2001] NSWIRComm 135

Gough & Gilmour Holdings Pty Ltd and ors v Caterpillar of Australia Ltd and anor (No. 6) [2001] NSWIRComm 135

Privilege attaching to legal advice may be imputedly waived by the applicants where they put their state of mind in issue in reliance on the respondents' representations or assurances; privilege will only be waived where the particular legal advice or communication is relevant to the formation of that state of mind and is inconsistent with the position advanced. Bills of cost are generally not privileged documents unless they disclose confidential information made for the purpose of legal advice or litigation.

Jurisdiction
Australia
Judgment Date
08 June 2001
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment
Outcome
Documents examined, most found to remain privileged, save for one already disclosed. Bills of costs generally not privileged unless content is privileged. Further conferral and draft orders directed for sale of shares privilege issues.
Legal Topics
['legal Professional Privilege' 'imputed Waiver' 'state of Mind' 'privilege and Bills of Costs']
['industrial Relations' 'practice and Procedure'] ['legal Professional Privilege' 'imputed Waiver' 'state of Mind' 'privilege and Bills of Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment

Legal Issues

  1. 1 ['Whether legal professional privilege has been imputedly waived where state of mind is put in issue by reliance on legal advice or representations' 'Whether bills of costs are subject to legal professional privilege']

Ratio Decidendi

Privilege attaching to legal advice may be imputedly waived by the applicants where they put their state of mind in issue in reliance on the respondents' representations or assurances; privilege will only be waived where the particular legal advice or communication is relevant to the formation of that state of mind and is inconsistent with the position advanced. Bills of cost are generally not privileged documents unless they disclose confidential information made for the purpose of legal advice or litigation.

Court Disposition

Documents examined, most found to remain privileged, save for one already disclosed. Bills of costs generally not privileged unless content is privileged. Further conferral and draft orders directed for sale of shares privilege issues.

Orders

  • ['Privilege for documents in bundles retained except where already disclosed (tab 1 document).' 'Respondents allowed to use disclosed Gilbert & Tobin bill of costs as they see fit.' 'Parties to confer and seek agreement on orders concerning waiver of privilege on sale of shares issue, otherwise respondents to...