Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2018] FCA 760

Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2018] FCA 760

Bulletin No. 12 was a confidential communication made for the dominant purpose of providing legal advice to joint clients of Levitt Robinson; privilege attaches under s 118 of the Evidence Act and is jointly held. Privilege was not waived by unilateral disclosure to a WhatsApp group or by subsequent correspondence with 7-Eleven; all holders must concur in waiver for privilege to be lost.

Jurisdiction
Australia
Judgment Date
28 May 2018
Procedural Posture
Interlocutory Application in Class Actions / Determination of Privilege and Waiver
Outcome
Applications granted. Legal professional privilege attaches; orders made restraining use and dissemination of Bulletin No. 12 and associated documents by the First Respondent; First Respondent to pay Applicants' costs.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'confidential Communications' 'joint Privilege' 'dominant Purpose' 'disclosure in Class Actions']
['evidence' 'civil Procedure' 'class Actions'] ['legal Professional Privilege' 'waiver of Privilege' 'confidential Communications' 'joint Privilege' 'dominant Purpose' 'disclosure in Class Actions']

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Procedural Posture

Interlocutory Application in Class Actions / Determination of Privilege and Waiver

Legal Issues

  1. 1 ['Whether Bulletin No. 12 is a confidential communication or document for the dominant purpose of providing legal advice' 'Whether legal professional privilege attaches to Bulletin No. 12 under s 118 of the Evidence Act 1995 (Cth)' 'Whether privilege was waived by dissemination to a WhatsApp messaging group or through correspondence']

Ratio Decidendi

Bulletin No. 12 was a confidential communication made for the dominant purpose of providing legal advice to joint clients of Levitt Robinson; privilege attaches under s 118 of the Evidence Act and is jointly held. Privilege was not waived by unilateral disclosure to a WhatsApp group or by subsequent correspondence with 7-Eleven; all holders must concur in waiver for privilege to be lost.

Court Disposition

Applications granted. Legal professional privilege attaches; orders made restraining use and dissemination of Bulletin No. 12 and associated documents by the First Respondent; First Respondent to pay Applicants' costs.

Orders

  • ['The First Respondent not seek to tender a copy of NDJ-38 in any hearing before the Court or disclose the contents of NDJ-38, in submissions or otherwise.' 'Annexure NDJ-38, NDJ-39, NDJ-40 and NDJ-41 to the affidavit of Nigel David Jones sworn 7 May 2018 be removed from the Court file, and the First Respondent not...