Galati v Deans [2019] NSWSC 1548

Galati v Deans [2019] NSWSC 1548

Implied waiver of privilege was established only in respect of documents and communications necessary to test or clarify the understanding or instructions disclosed in affidavits relied on by EJC, not in relation to the transaction generally or the entirety of the solicitors’ file. Access is thus limited to the documents identified in the schedule put forward in the tenth cross-defendant's solicitors’ letter of 27 September 2019, as amended.

Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Interlocutory Application / Ruling on Access to Subpoenaed Documents and Legal Professional Privilege
Outcome
Application for general access refused; limited access granted to specific documents subject to schedule; directions made for further steps (including costs).
Legal Topics
['legal Professional Privilege' 'implied Waiver of Privilege' 'access to Documents Produced on Subpoena' 'interlocutory Procedure']
['equity' 'civil Procedure'] ['legal Professional Privilege' 'implied Waiver of Privilege' 'access to Documents Produced on Subpoena' 'interlocutory Procedure']

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Procedural Posture

Interlocutory Application / Ruling on Access to Subpoenaed Documents and Legal Professional Privilege

Legal Issues

  1. 1 ['Whether EJC Pyrmont Pty Ltd has impliedly waived legal professional privilege over documents produced on subpoena by Norton Rose Fulbright in relation to the negotiation and acquisition of land at 31-35 Bank Street, Pyrmont.' 'Whether the cross-claimants are entitled to general or limited access to the subpoenaed documents based on implied waiver.']

Ratio Decidendi

Implied waiver of privilege was established only in respect of documents and communications necessary to test or clarify the understanding or instructions disclosed in affidavits relied on by EJC, not in relation to the transaction generally or the entirety of the solicitors’ file. Access is thus limited to the documents identified in the schedule put forward in the tenth cross-defendant's solicitors’ letter of 27 September 2019, as amended.

Court Disposition

Application for general access refused; limited access granted to specific documents subject to schedule; directions made for further steps (including costs).

Orders

  • ["Refused the cross-claimants' application for general access in respect of documents produced on subpoena on 28 June 2019 by Norton Rose Fulbright." "Granted access to the cross-claimants to so much of the documents produced on subpoena as fall within the schedule of documents prepared by the tenth cross-defendant...