Tingle & Anor v Harbour Radio P/L & Anor [No 3] [1999] NSWSC 415

Tingle & Anor v Harbour Radio P/L & Anor [No 3] [1999] NSWSC 415

The letter authorised partial disclosure of privileged communications only as to the identified instructions: Mr Tingle's distress and upset, the offensiveness and falsity of specified imputations, and the inaccuracies listed in the letter. Those matters could be attributed to Mr Tingle despite the letter referring to both clients, so the defendants could explore those issues in cross-examination under s.122(4) of the Evidence Act.

Jurisdiction
Australia
Judgment Date
29 April 1999
Procedural Posture
Defamation; Client Legal Privilege / Ruling During Evidence on Whether Cross Examination Could Explore Instructions to a Solicitor After Alleged Partial Waiver of Privilege
Outcome
The defendants were permitted to explore the identified issues by way of cross-examination.
Legal Topics
['client Legal Privilege' 'waiver of Privilege' 'cross Examination' 'solicitor Client Communications']
['defamation' 'evidence'] ['client Legal Privilege' 'waiver of Privilege' 'cross Examination' 'solicitor Client Communications']

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Procedural Posture

Defamation; Client Legal Privilege / Ruling During Evidence on Whether Cross Examination Could Explore Instructions to a Solicitor After Alleged Partial Waiver of Privilege

Legal Issues

  1. 1 ["Whether a solicitor's letter complaining about the publication, which stated that it was written on instructions for Mr Tingle and The Shooters' Party, amounted to an express or implied waiver of client legal privilege." 'Whether the defendants could cross-examine Mr Tingle about the instructions given to his solicitor concerning matters stated in the letter.']

Ratio Decidendi

The letter authorised partial disclosure of privileged communications only as to the identified instructions: Mr Tingle's distress and upset, the offensiveness and falsity of specified imputations, and the inaccuracies listed in the letter. Those matters could be attributed to Mr Tingle despite the letter referring to both clients, so the defendants could explore those issues in cross-examination under s.122(4) of the Evidence Act.

Court Disposition

The defendants were permitted to explore the identified issues by way of cross-examination.

Orders

  • ['Mr McClintock can explore those issues by way of cross-examination.']