AKINS and ORS v ABIGROUP LTD [1998] NSWCA 8

AKINS and ORS v ABIGROUP LTD [1998] NSWCA 8

Client legal privilege attaching to witness statements served before trial in compliance with court orders is not lost; such service constitutes disclosure under compulsion of law within s122(2)(c) of the Evidence Act 1995 (NSW), and the protections afforded by rules and practice notes do not displace privilege.

Parties
Appellant: Akins; Respondent: Abigroup Ltd
Jurisdiction
Australia
Judgment Date
01 June 1998
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Client Legal Privilege, Access to Documents, Pre Trial Procedures, Discovery, Witness Statements
Evidence Civil Procedure Client Legal Privilege Access to Documents Pre Trial Procedures Discovery Witness Statements

Case Brief

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Parties

Akins

Appellant

Abigroup Ltd

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether client legal privilege attaching to witness statements is lost when statements are served before trial in compliance with court orders
  2. 2 Whether the principles of client legal privilege in the Evidence Act 1995 apply to ancillary processes such as discovery and pre-trial gathering of evidence
  3. 3 Whether the service of statements represents a disclosure 'under compulsion of law' within Evidence Act 1995 (NSW), s122(2)(c)

Ratio Decidendi

Client legal privilege attaching to witness statements served before trial in compliance with court orders is not lost; such service constitutes disclosure under compulsion of law within s122(2)(c) of the Evidence Act 1995 (NSW), and the protections afforded by rules and practice notes do not displace privilege.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.