Glencore International AG v Commissioner of Taxation [2019] HCA 26

Glencore International AG v Commissioner of Taxation [2019] HCA 26

Legal professional privilege in Australia is an immunity from compulsory disclosure, not an actionable legal right; it does not support a cause of action for injunctive relief absent confidentiality. Thus, the plaintiffs' claim discloses no cause of action, and the demurrer must be upheld.

Parties
Plaintiffs: Glencore International AG & Ors; Defendants: Commissioner of Taxation of the Commonwealth of Australia & Ors
Jurisdiction
Australia
Judgment Date
14 August 2019
Procedural Posture
Original Jurisdiction / Demurrer
Outcome
The demurrer was upheld and the proceedings dismissed with costs.
Legal Topics
Legal Professional Privilege, Confidentiality, Injunctions, Immunity From Disclosure, Breach of Confidence
Equity Common Law Legal Professional Privilege Confidentiality Injunctions Immunity From Disclosure Breach of Confidence

Case Brief

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Parties

Glencore International AG & Ors

Plaintiffs

Commissioner of Taxation of the Commonwealth of Australia & Ors

Defendants

Procedural Posture

Original Jurisdiction / Demurrer

Legal Issues

  1. 1 Whether legal professional privilege provides an actionable legal right to seek an injunction restraining use of privileged documents held by a third party
  2. 2 Whether legal professional privilege is more than an immunity from compulsory disclosure
  3. 3 Whether policy considerations can justify the creation of a new actionable right based on legal professional privilege

Ratio Decidendi

Legal professional privilege in Australia is an immunity from compulsory disclosure, not an actionable legal right; it does not support a cause of action for injunctive relief absent confidentiality. Thus, the plaintiffs' claim discloses no cause of action, and the demurrer must be upheld.

Court Disposition

The demurrer was upheld and the proceedings dismissed with costs.

Orders

  • The demurrer be upheld.
  • The proceeding be dismissed with costs.