Carbotech-Australia Pty Ltd v Yates [2008] NSWSC 1151

Carbotech-Australia Pty Ltd v Yates [2008] NSWSC 1151

The documents produced by Sparke Helmore and Phillips Fox and the subject of privilege claims are not entitled to client legal privilege, as they were communications in furtherance of a fraudulent purpose, falling within the crime/fraud exception; accordingly, all parties may have access to the documents.

Jurisdiction
Australia
Judgment Date
10 October 2008
Procedural Posture
Civil / Ruling on Client Legal Privilege Claims Over Subpoenaed Documents
Outcome
Privilege denied over the documents; access granted
Legal Topics
['subpoenas' 'client Legal Privilege' 'fraud Exception' 'waiver of Privilege']
['civil Procedure' 'equity'] ['subpoenas' 'client Legal Privilege' 'fraud Exception' 'waiver of Privilege']

Case Brief

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Procedural Posture

Civil / Ruling on Client Legal Privilege Claims Over Subpoenaed Documents

Legal Issues

  1. 1 ['Whether the documents produced under subpoena by former solicitors are entitled to client legal privilege' 'Whether such privilege is lost due to the crime/fraud exception' 'Whether privilege, if it exists, has been waived']

Ratio Decidendi

The documents produced by Sparke Helmore and Phillips Fox and the subject of privilege claims are not entitled to client legal privilege, as they were communications in furtherance of a fraudulent purpose, falling within the crime/fraud exception; accordingly, all parties may have access to the documents.

Court Disposition

Privilege denied over the documents; access granted

Orders

  • ['All parties may have access to the documents comprised in VD 26, 27 and 29, including photocopy access.']