Christopher Murray & Anor v RentWorks Limited & Ors No 2 [2002] NSWIRComm 97

Christopher Murray & Anor v RentWorks Limited & Ors No 2 [2002] NSWIRComm 97

The applicants, by alleging they had 'no choice' and were 'backed into a corner' in participating in the valuation process, and by raising their understanding of the Shareholders' Agreement (including through evidence and letter of 17 February 1999), put their state of mind in issue, thereby waiving legal professional privilege over legal advice received from Cutler Hughes & Harris and/or Harmers regarding those matters; accordingly, they were ordered to produce such documents for inspection.

Jurisdiction
Australia
Judgment Date
10 May 2002
Procedural Posture
Interlocutory Application in Proceedings Under S 106 of the Industrial Relations Act 1996 (nsw) / Interlocutory Discovery/disclosure of Documents, Privilege Waiver Dispute, Part Heard
Outcome
Orders made for production of privileged documents relating to legal advice as set out in the judgment; costs reserved.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'unfair Contracts' 'pre Trial Discovery']
['industrial Relations' 'practice and Procedure' 'evidence'] ['legal Professional Privilege' 'waiver of Privilege' 'unfair Contracts' 'pre Trial Discovery']

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Procedural Posture

Interlocutory Application in Proceedings Under S 106 of the Industrial Relations Act 1996 (nsw) / Interlocutory Discovery/disclosure of Documents, Privilege Waiver Dispute, Part Heard

Legal Issues

  1. 1 ["Whether applicants have waived legal professional privilege (disclosure and/or issue waiver) in respect of communications with solicitors relating to advice about the Shareholders' Agreement, the valuation/sale of shares, and related issues in light of their conduct and evidence" 'Scope of any such waiver and specific categories of documents to which it applies']

Ratio Decidendi

The applicants, by alleging they had 'no choice' and were 'backed into a corner' in participating in the valuation process, and by raising their understanding of the Shareholders' Agreement (including through evidence and letter of 17 February 1999), put their state of mind in issue, thereby waiving legal professional privilege over legal advice received from Cutler Hughes & Harris and/or Harmers regarding those matters; accordingly, they were ordered to produce such documents for inspection.

Court Disposition

Orders made for production of privileged documents relating to legal advice as set out in the judgment; costs reserved.

Orders

  • ["Within twenty-one (21) days, applicants to produce to the Commission or Industrial Registrar, and make available to respondents, documents in relation to legal advice provided by Cutler Hughes and Harris and/or Harmers relating to the Shareholders' Agreement, the choices open to applicants regarding the...