Secure Logic Pty Limited v Paul William Noble (No. 2) [2019] NSWSC 1057

Secure Logic Pty Limited v Paul William Noble (No. 2) [2019] NSWSC 1057

Privilege was not waived over the pre-29 March 2016 emails because disclosure of the 29 March 2016 communication did not necessitate disclosure of earlier communications, the earlier emails were not necessary to understand the later advice, and incorrect denial under cross-examination about receiving prior advice was inadvertent and did not amount to waiver.

Parties
First Plaintiff/cross Defendant: Secure Logic Pty Limited (ACN 154 505 030); Second Plaintiff/ Cross Defendant: Secure Logic Technologies Pty Ltd; Third Plaintiff/ Cross Defendant: Secure Logic Pte Ltd; Fourth Plaintiff/ Cross Defendant: Plush Hosting Pty Ltd; First Defendant/cross Claimant: Paul William Noble; Second Defendant/cross Claimant: Peach Tree Bay Pty Limited (ACN 132 097 647); Third Defendant/cross Claimant: John Russell Pankhurst
Jurisdiction
Australia
Judgment Date
20 August 2019
Procedural Posture
Procedural and Other Rulings / Ruling on Alleged Waiver of Client Legal Privilege
Outcome
Client privilege not waived over the pre-29 March 2016 emails.
Legal Topics
Privilege, Client Legal Privilege, Waiver of Privilege
Equity Privilege Client Legal Privilege Waiver of Privilege

Case Brief

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Parties

Secure Logic Pty Limited (ACN 154 505 030)

First Plaintiff/cross Defendant

Secure Logic Technologies Pty Ltd

Second Plaintiff/ Cross Defendant

Secure Logic Pte Ltd

Third Plaintiff/ Cross Defendant

Plush Hosting Pty Ltd

Fourth Plaintiff/ Cross Defendant

Paul William Noble

First Defendant/cross Claimant

Peach Tree Bay Pty Limited (ACN 132 097 647)

Second Defendant/cross Claimant

John Russell Pankhurst

Third Defendant/cross Claimant

Procedural Posture

Procedural and Other Rulings / Ruling on Alleged Waiver of Client Legal Privilege

Legal Issues

  1. 1 Whether client legal privilege was waived over pre-29 March 2016 emails between the plaintiffs and their solicitor.

Ratio Decidendi

Privilege was not waived over the pre-29 March 2016 emails because disclosure of the 29 March 2016 communication did not necessitate disclosure of earlier communications, the earlier emails were not necessary to understand the later advice, and incorrect denial under cross-examination about receiving prior advice was inadvertent and did not amount to waiver.

Court Disposition

Client privilege not waived over the pre-29 March 2016 emails.

Orders

  • There is no waiver of client privilege on either of the grounds advanced.