Loretta Craig & Ors v Anthony Johnson & Ors [2018] NSWSC 1539

Loretta Craig & Ors v Anthony Johnson & Ors [2018] NSWSC 1539

Privilege was not waived; actions and communications by Ms Inverarity were not plainly inconsistent with maintaining confidentiality; no knowing and voluntary disclosure was made; Evidence Act s 126 does not operate as no waiver was found.

Parties
Plaintiffs: Lorretta Kistmah Craig & 4 Ors; Defendants: Anthony Francis Johnson & 60 Ors
Jurisdiction
Australia
Judgment Date
30 October 2018
Procedural Posture
Professional Negligence / Procedural Ruling on Privilege (notice of Motion)
Outcome
Plaintiffs' notice of motion dismissed; plaintiffs to pay defendants’ costs.
Legal Topics
Client Legal Privilege, Waiver of Privilege
Civil Procedure Client Legal Privilege Waiver of Privilege

Case Brief

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Parties

Lorretta Kistmah Craig & 4 Ors

Plaintiffs

Anthony Francis Johnson & 60 Ors

Defendants

Procedural Posture

Professional Negligence / Procedural Ruling on Privilege (notice of Motion)

Legal Issues

  1. 1 Whether privilege claimed over documents produced by Ms Inverarity should be upheld
  2. 2 Whether privilege was waived by actions or communications
  3. 3 Whether plaintiffs can access privileged documents under Evidence Act s 126

Ratio Decidendi

Privilege was not waived; actions and communications by Ms Inverarity were not plainly inconsistent with maintaining confidentiality; no knowing and voluntary disclosure was made; Evidence Act s 126 does not operate as no waiver was found.

Court Disposition

Plaintiffs' notice of motion dismissed; plaintiffs to pay defendants’ costs.

Orders

  • The plaintiffs' notice of motion filed on 15 May 2018 is dismissed.
  • The plaintiffs are to pay the defendants' costs of the notice of motion.