Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No. 2) [2016] NSWSC 829
Ryde Developments has not acted in a way inconsistent with maintaining privilege over the documents sought; it did not make express or implied assertions about the content of privileged communications, and there is no reason to suppose such communications affected its state of mind. Accordingly, implied waiver has not occurred under Evidence Act 1995 (NSW) s 122(2).
- Jurisdiction
- Australia
- Judgment Date
- 23 June 2016
- Procedural Posture
- Civil / Motion to Set Aside Notice to Produce
- Outcome
- Notice to produce set aside; costs awarded to plaintiff.
- Legal Topics
- ['setting Aside Notice to Produce' 'client Legal Privilege' 'implied Waiver']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Motion to Set Aside Notice to Produce
Legal Issues
- 1 ['Whether Ryde Developments Pty Ltd has impliedly waived client legal privilege by the way in which it puts its case']
Ratio Decidendi
Ryde Developments has not acted in a way inconsistent with maintaining privilege over the documents sought; it did not make express or implied assertions about the content of privileged communications, and there is no reason to suppose such communications affected its state of mind. Accordingly, implied waiver has not occurred under Evidence Act 1995 (NSW) s 122(2).
Court Disposition
Notice to produce set aside; costs awarded to plaintiff.
Orders
- ["The first defendant's notice to produce dated 15 June 2016 be set aside." "The first defendant pay the plaintiff's costs of the motion filed 15 June 2016."]
Full Case Text
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