Weston v Publishing and Broadcasting Limited [2011] NSWSC 14

Weston v Publishing and Broadcasting Limited [2011] NSWSC 14

The litigation funding agreement is protected by client legal privilege and privilege has not been waived or otherwise lost; therefore, the part of the notice to produce requiring its production should be set aside.

Jurisdiction
Australia
Judgment Date
04 February 2011
Procedural Posture
Interlocutory Application / Application to Set Aside Notice to Produce
Outcome
Paragraph 24 of defendants' notice to produce set aside
Legal Topics
['notice to Produce Documents' 'client Legal Privilege' 'relevance of Documents' 'litigation Funding Agreements']
['civil Procedure' 'equity' 'corporations'] ['notice to Produce Documents' 'client Legal Privilege' 'relevance of Documents' 'litigation Funding Agreements']

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Procedural Posture

Interlocutory Application / Application to Set Aside Notice to Produce

Legal Issues

  1. 1 ['Whether the litigation funding agreement is relevant to a fact in issue for the interlocutory application' 'Whether the litigation funding agreement is protected by client legal privilege' 'Whether privilege in the agreement has been waived or lost']

Ratio Decidendi

The litigation funding agreement is protected by client legal privilege and privilege has not been waived or otherwise lost; therefore, the part of the notice to produce requiring its production should be set aside.

Court Disposition

Paragraph 24 of defendants' notice to produce set aside

Orders

  • ['Paragraph 24 of the notice to produce of the first, second, third, fourth, fifth and eighth defendants dated 7 December 2010 is set aside.']