AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 6) [2006] FCA 1274

AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 6) [2006] FCA 1274

The Court's declaration should positively and negatively specify which documents are protected by legal professional privilege and which are not, as this provides a definitive resolution of the dispute. In light of the mixed success of both parties on key issues, and the fact that substantial issues were lost by AWB, no order as to costs is appropriate; both parties are to bear their own costs.

Jurisdiction
Australia
Judgment Date
26 September 2006
Procedural Posture
Civil / Final Orders Following Reasons for Judgment
Outcome
Declaratory relief granted as to privilege and not privilege per schedules; application otherwise dismissed; no order as to costs.
Legal Topics
['legal Professional Privilege' 'declaratory Relief' 'costs Discretion']
['remedies' 'evidence' 'civil Procedure'] ['legal Professional Privilege' 'declaratory Relief' 'costs Discretion']

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Procedural Posture

Civil / Final Orders Following Reasons for Judgment

Legal Issues

  1. 1 ['Whether declaratory relief should reflect both positive and negative findings on legal professional privilege in documents' 'Whether costs orders should be made where each party had success on key issues']

Ratio Decidendi

The Court's declaration should positively and negatively specify which documents are protected by legal professional privilege and which are not, as this provides a definitive resolution of the dispute. In light of the mixed success of both parties on key issues, and the fact that substantial issues were lost by AWB, no order as to costs is appropriate; both parties are to bear their own costs.

Court Disposition

Declaratory relief granted as to privilege and not privilege per schedules; application otherwise dismissed; no order as to costs.

Orders

  • ['Declaration that legal professional privilege attaches to documents in Schedule 1 to the extent claimed.' 'Privilege attaches to documents in Schedule 2 only to the extent stated in judgment para 241.' 'No privilege attaches to documents in Schedule 3.' 'Privilege attaches to certain duplicates as per orders.'...