PRESTON v HARBOUR PACIFIC & ORS [2002] NSWSC 1256

PRESTON v HARBOUR PACIFIC & ORS [2002] NSWSC 1256

The applicant did not provide sufficient material to show that the division of documents within the same broad categories into privileged and non-privileged lists amounted to waiver of legal professional privilege or justified inspection or access. The disputed annexures to the privileged report were treated as covered by the privilege attaching to that report. The motion was therefore dismissed.

Jurisdiction
Australia
Judgment Date
19 December 2002
Procedural Posture
Defamation Proceeding / Interlocutory Notice of Motion for Inspection of Discovered Documents Claimed to Be Privileged
Outcome
Motion dismissed.
Legal Topics
['discovery' 'inspection of Documents' 'legal Professional Privilege' 'waiver of Privilege' 'costs']
['defamation' 'civil Procedure' 'evidence'] ['discovery' 'inspection of Documents' 'legal Professional Privilege' 'waiver of Privilege' 'costs']

Case Brief

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Procedural Posture

Defamation Proceeding / Interlocutory Notice of Motion for Inspection of Discovered Documents Claimed to Be Privileged

Legal Issues

  1. 1 ['Whether the applicant should be granted access to discovered documents over which legal professional privilege was claimed.' 'Whether listing some documents in the same category as non-privileged and others as privileged amounted to waiver of privilege or justified inspection by the Court under s183 Evidence Act (1995).' 'Whether annexures or appendices to a privileged report were also covered by the privilege attaching to that report.']

Ratio Decidendi

The applicant did not provide sufficient material to show that the division of documents within the same broad categories into privileged and non-privileged lists amounted to waiver of legal professional privilege or justified inspection or access. The disputed annexures to the privileged report were treated as covered by the privilege attaching to that report. The motion was therefore dismissed.

Court Disposition

Motion dismissed.

Orders

  • ["The applicant is to pay the first defendant's costs in connection with Order 2 sought in the Notice of Motion, including costs of today." "The matter is placed in the Registrar's directions list on 7 February 2003."]