Macquarie Bank Ltd v McCann & Associates Pty Ltd [1998] FCA 1533

Macquarie Bank Ltd v McCann & Associates Pty Ltd [1998] FCA 1533

No further discovery orders were made because there had been no voluntary disclosure waiving privilege in the un-read witness statements, the use of the witness statements to assess the reasonableness of legal costs was remote and did not justify particular discovery, the relevance of the statements to the settlement was premature before Macquarie Bank Limited filed its evidence on the basis of compromise, and McCann had not established a non-speculative basis for discovery of credit assessment guidelines from other divisions of the bank.

Jurisdiction
Australia
Judgment Date
02 December 1998
Procedural Posture
Civil Proceedings Alleging Breach of Retainer and Negligence in Valuation; Interlocutory Application for Special Discovery / Discovery; Notice of Motion Stood Over to a Date to Be Fixed
Outcome
No further discovery orders were presently made; notice of motion stood over; costs reserved.
Legal Topics
['special Discovery' 'client Legal Privilege' 'waiver of Privilege' 'witness Statements Prepared for Earlier Proceedings' 'relevance of Discovered Documents' 'credit Assessment Guidelines' 'mitigation and Reasonableness of Settlement']
['civil Procedure' 'evidence' 'legal Professional Privilege' 'negligence' 'banking and Finance'] ['special Discovery' 'client Legal Privilege' 'waiver of Privilege' 'witness Statements Prepared for Earlier Proceedings' 'relevance of Discovered Documents' 'credit Assessment Guidelines' 'mitigation and Reasonableness of Settlement']

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Procedural Posture

Civil Proceedings Alleging Breach of Retainer and Negligence in Valuation; Interlocutory Application for Special Discovery / Discovery; Notice of Motion Stood Over to a Date to Be Fixed

Legal Issues

  1. 1 ['Whether privilege was waived over witness statements prepared by Macquarie Bank Limited for the Supreme Court proceedings and served but not read.' 'Whether witness statements from the Supreme Court proceedings were relevant and should be discovered to test legal costs claimed as damages or the reasonableness of the settlement.' 'Whether Macquarie Bank Limited should discover credit assessment guidelines or manuals from divisions other than the Property Finance Section.']

Ratio Decidendi

No further discovery orders were made because there had been no voluntary disclosure waiving privilege in the un-read witness statements, the use of the witness statements to assess the reasonableness of legal costs was remote and did not justify particular discovery, the relevance of the statements to the settlement was premature before Macquarie Bank Limited filed its evidence on the basis of compromise, and McCann had not established a non-speculative basis for discovery of credit assessment guidelines from other divisions of the bank.

Court Disposition

No further discovery orders were presently made; notice of motion stood over; costs reserved.

Orders

  • ['The notice of motion is stood over to a date to be fixed.' 'Costs reserved.']