Grahame v Lang Corporation Limited [2001] FCA 1308

Grahame v Lang Corporation Limited [2001] FCA 1308

Documents produced under subpoena, including members' statements and newsletters, are privileged as they were communications for the dominant purpose of obtaining legal advice in relation to litigation, and the existence of client agreements is not determinative; privilege attaches whether direct or via the Guild, and there is a solicitor-client relationship between Guild members and solicitors.

Parties
Applicant: Anthony Wayne Grahame; First Respondent: Lang Corporation Limited; Second Respondent: Christopher D'Arcy Corrigan; Third Respondent: PCS Operations Pty Ltd; Fourth Respondent: PCS Resources Pty Ltd; Fifth Respondent: P and C Stevedores Pty Ltd; Sixth Respondent: Donald Gordon McGauchie; Seventh Respondent: Paul Xavier Houlihan; Eighth Respondent: James William Ferguson
Jurisdiction
Australia
Judgment Date
12 September 2001
Procedural Posture
Application / Interlocutory (challenge to Subpoenas and Privilege)
Outcome
Documents produced to the court are to be returned to the Guild and Mr McTernan. The PCS respondents are to pay the costs of the Guild, Mr McTernan and solicitor Mr Scott in connection with the subpoenas, the hearing, and any reserved costs.
Legal Topics
Subpoenas, Legal Professional Privilege, Solicitor Client Relationship
Practice and Procedure Evidence Commercial Law Subpoenas Legal Professional Privilege Solicitor Client Relationship

Case Brief

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Parties

Anthony Wayne Grahame

Applicant

Lang Corporation Limited

First Respondent

Christopher D'Arcy Corrigan

Second Respondent

PCS Operations Pty Ltd

Third Respondent

PCS Resources Pty Ltd

Fourth Respondent

P and C Stevedores Pty Ltd

Fifth Respondent

Donald Gordon McGauchie

Sixth Respondent

Paul Xavier Houlihan

Seventh Respondent

James William Ferguson

Eighth Respondent

Procedural Posture

Application / Interlocutory (challenge to Subpoenas and Privilege)

Legal Issues

  1. 1 Whether documents produced in response to subpoenas are protected by legal professional privilege
  2. 2 Whether the solicitor-client relationship existed at the relevant time
  3. 3 Whether newsletters sent by the Guild are privileged

Ratio Decidendi

Documents produced under subpoena, including members' statements and newsletters, are privileged as they were communications for the dominant purpose of obtaining legal advice in relation to litigation, and the existence of client agreements is not determinative; privilege attaches whether direct or via the Guild, and there is a solicitor-client relationship between Guild members and solicitors.

Court Disposition

Documents produced to the court are to be returned to the Guild and Mr McTernan. The PCS respondents are to pay the costs of the Guild, Mr McTernan and solicitor Mr Scott in connection with the subpoenas, the hearing, and any reserved costs.

Orders

  • Documents produced to the court by Australasian Stevedores Guild Inc and Paul John Leigh McTernan in response to subpoenas issued by the third to fifth respondents returned to them.
  • Those respondents pay costs of the Guild, Mr McTernan, and Mr Scott in connection with the subpoenas, the hearing on 7 September 2001, and any reserved costs.