Adam Wellington v State of New South Wales [2024] NSWDC 237

Adam Wellington v State of New South Wales [2024] NSWDC 237

After inspecting the three ALS letters dated 21 April 2016, 4 May 2016 and 1 August 2016, the Court found they were not privileged because their dominant purpose concerned whether the plaintiff could be moved around correctional facilities and attend a funeral, and there was no evidence that the documents were created for the dominant purpose of providing professional legal services relating to legal proceedings, including anticipated legal proceedings.

Jurisdiction
Australia
Judgment Date
24 June 2024
Procedural Posture
Civil / Notice of Motion by the Defendants Seeking Review of the Plaintiff's Claim for Client Legal Privilege Over Subpoenaed Documents
Outcome
The claim for privilege in respect of the relevant documents was dismissed.
Legal Topics
['client Legal Privilege' 'legal Professional Privilege' 'dominant Purpose' 'waiver' 'subpoenaed Documents' 'confidential Document']
['civil Procedure' 'evidence'] ['client Legal Privilege' 'legal Professional Privilege' 'dominant Purpose' 'waiver' 'subpoenaed Documents' 'confidential Document']

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Procedural Posture

Civil / Notice of Motion by the Defendants Seeking Review of the Plaintiff's Claim for Client Legal Privilege Over Subpoenaed Documents

Legal Issues

  1. 1 ['Whether documents produced by the Aboriginal Legal Service in subpoena packets S-22, S-23 and S-25 were protected by client legal privilege.' 'If the documents were privileged, whether the plaintiff had waived privilege by already serving some of the ALS documents.']

Ratio Decidendi

After inspecting the three ALS letters dated 21 April 2016, 4 May 2016 and 1 August 2016, the Court found they were not privileged because their dominant purpose concerned whether the plaintiff could be moved around correctional facilities and attend a funeral, and there was no evidence that the documents were created for the dominant purpose of providing professional legal services relating to legal proceedings, including anticipated legal proceedings.

Court Disposition

The claim for privilege in respect of the relevant documents was dismissed.

Orders

  • ['The claim for privilege in respect of the relevant documents is dismissed.' 'Costs of the notice of motion reserved.' 'I revoke order 6 made by the Judicial Registrar on 23 May 2024 and reserve the question of those costs.' 'List the matter for further directions before the Judicial Registrar on 3 July 2024.']