Raphael Ahn v Toppro Pty Limited [2016] NSWSC 221

Raphael Ahn v Toppro Pty Limited [2016] NSWSC 221

Privilege was not waived since it was consistently asserted; para 8 of subpoena/notice to produce had no legitimate forensic purpose and was set aside; otherwise, subpoenas/notice to produce remained as the documents sought may assist in resolving issues in proceedings.

Jurisdiction
Australia
Judgment Date
15 February 2016
Procedural Posture
Equity Corporations List / Interlocutory Motions: Privilege Claim and Application to Set Aside Subpoena/notice to Produce
Outcome
Para 8 of subpoena and notice to produce set aside; otherwise notice of motion dismissed; privilege upheld; orders as to costs specified.
Legal Topics
['subpoenas' 'notice to Produce' 'client Legal Privilege' 'waiver of Privilege']
['evidence' 'corporations'] ['subpoenas' 'notice to Produce' 'client Legal Privilege' 'waiver of Privilege']

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Procedural Posture

Equity Corporations List / Interlocutory Motions: Privilege Claim and Application to Set Aside Subpoena/notice to Produce

Legal Issues

  1. 1 ["Whether privilege in an email between defendants' solicitors and barrister was waived by delay in claiming privilege" 'Whether subpoena to produce and notice to produce were issued for a legitimate forensic purpose']

Ratio Decidendi

Privilege was not waived since it was consistently asserted; para 8 of subpoena/notice to produce had no legitimate forensic purpose and was set aside; otherwise, subpoenas/notice to produce remained as the documents sought may assist in resolving issues in proceedings.

Court Disposition

Para 8 of subpoena and notice to produce set aside; otherwise notice of motion dismissed; privilege upheld; orders as to costs specified.

Orders

  • ['The email dated 20 November 2014 is to be kept subject to client legal privilege and not produced for inspection.' "Plaintiff to pay applicant's costs of privilege motion on indemnity basis." 'Para 8 of subpoena to produce filed 13 January 2016 addressed to Topfield Australia set aside.' 'Defendants need not...