Dunstan v Orr [2007] FCA 652

Dunstan v Orr [2007] FCA 652

The proposed amendments and joinder were unsupported, uncertain, unsatisfactory and would risk adjournment of a long-running matter; the documents identified by the respondents appeared privileged and the authority relied on did not justify their inspection; no sufficient reason was shown to subpoena Richard Highfield or Geoffrey Seymour; but, out of an abundance of precaution, Erin Holland and Barbara Benson could be subpoenaed because they appeared to have been involved in communications around the time of the decisions challenged under the AD(JR) Act.

Jurisdiction
Australia
Judgment Date
04 May 2007
Procedural Posture
Administrative Decisions (judicial Review) Act 1976 (cth) Proceeding / Interlocutory Applications Before Hearing Listed for 2 July 2007
Outcome
Leave to amend, leave to subpoena Richard Highfield and Geoffrey Seymour, and inspection of privileged documents refused; leave granted to subpoena Barbara Benson and Erin Holland; directions made for any proposed further evidence; costs reserved.
Legal Topics
['amendment of Application' 'joinder of Respondents' 'legal Professional Privilege' 'subpoenas' 'further Evidence' 'waiver of Privilege']
['administrative Law' 'civil Procedure' 'evidence'] ['amendment of Application' 'joinder of Respondents' 'legal Professional Privilege' 'subpoenas' 'further Evidence' 'waiver of Privilege']

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Procedural Posture

Administrative Decisions (judicial Review) Act 1976 (cth) Proceeding / Interlocutory Applications Before Hearing Listed for 2 July 2007

Legal Issues

  1. 1 ['Whether leave should be granted to amend the application by adding causes of action and respondents.' 'Whether the applicant should be permitted to inspect privileged documents of the respondents.' 'Whether leave should be granted to adduce further evidence at trial.' 'Whether leave should be granted to issue subpoenas to Erin Holland, Barbara Benson, Richard Highfield and Geoffrey Seymour.' 'Whether production of a memorandum from Mr Seymour dated 30 July 1997 amounted to waiver of privilege if the applicant sought to adduce it.']

Ratio Decidendi

The proposed amendments and joinder were unsupported, uncertain, unsatisfactory and would risk adjournment of a long-running matter; the documents identified by the respondents appeared privileged and the authority relied on did not justify their inspection; no sufficient reason was shown to subpoena Richard Highfield or Geoffrey Seymour; but, out of an abundance of precaution, Erin Holland and Barbara Benson could be subpoenaed because they appeared to have been involved in communications around the time of the decisions challenged under the AD(JR) Act.

Court Disposition

Leave to amend, leave to subpoena Richard Highfield and Geoffrey Seymour, and inspection of privileged documents refused; leave granted to subpoena Barbara Benson and Erin Holland; directions made for any proposed further evidence; costs reserved.

Orders

  • ['Application for leave to amend application refused.' 'Application for leave to issue subpoenas to Richard Highfield and Geoffrey Seymour refused.' 'Application to inspect privileged documents of the respondents refused.' 'Leave to applicant to issue subpoenas to Barbara Benson and Erin Holland returnable at 10:15...