Allatech v Construction Management Group [2002] NSWSC 723
Privilege was not waived as to the Advice because neither Mr Hillig nor CMG had possession or knowledge of it at the relevant time; consent to tender the Whittens letter did not extend privilege waiver to the Advice, nor did statements in Mr Hillig's report to creditors.
- Parties
- Plaintiff: Allatech Pty Ltd; First Defendant: Construction Management Group Pty Ltd; Second Defendant: Peter Hillig
- Jurisdiction
- Australia
- Judgment Date
- 15 August 2002
- Procedural Posture
- Equity Proceeding / Interlocutory Application
- Outcome
- Application for access to legal advice denied
- Legal Topics
- Legal Professional Privilege, Waiver of Privilege, Corporate Administration
Case Brief
Summary, issues, holding and outcome
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Parties
Allatech Pty Ltd
Plaintiff
Construction Management Group Pty Ltd
First Defendant
Peter Hillig
Second Defendant
Procedural Posture
Equity Proceeding / Interlocutory Application
Legal Issues
- 1 Whether tender of a single written advice waives privilege with respect to all other advices on the same subject matter
- 2 Whether statement in administrator's report to creditors waives privilege regarding legal advice on litigation prospects
Ratio Decidendi
Privilege was not waived as to the Advice because neither Mr Hillig nor CMG had possession or knowledge of it at the relevant time; consent to tender the Whittens letter did not extend privilege waiver to the Advice, nor did statements in Mr Hillig's report to creditors.
Court Disposition
Application for access to legal advice denied
Orders
- Allatech's application for access to the Advice is denied
- Costs of the application are reserved
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