Grace v Grace [2010] NSWSC 1514

Grace v Grace [2010] NSWSC 1514

Any privilege in the documents listed in folder 33 was lost by waiver due to their disclosure as discoverable and inspection being allowed with no claim of privilege and with no obvious mistake apparent to solicitors for the plaintiff; privilege is upheld in respect of the second and third documents in VD213 as they are found to have a dominant litigious purpose and were not waived.

Jurisdiction
Australia
Judgment Date
16 November 2010
Procedural Posture
Equity Proceedings / Interlocutory Application Regarding Claim of Privilege and Waiver
Outcome
Privilege lost by waiver in respect of documents in folder 33. Privilege upheld for second and third documents in VD213.
Legal Topics
['privilege' 'waiver of Privilege' 'discovery and Inspection' 'client Legal Privilege' 'litigation Privilege']
['evidence' 'civil Procedure'] ['privilege' 'waiver of Privilege' 'discovery and Inspection' 'client Legal Privilege' 'litigation Privilege']

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Procedural Posture

Equity Proceedings / Interlocutory Application Regarding Claim of Privilege and Waiver

Legal Issues

  1. 1 ['Whether privilege was lost by waiver in respect of documents in folder 33' 'Whether the claim for privilege was maintained in respect of three documents in VD213' 'Whether disclosure was obviously mistaken so as to preserve privilege despite inspection']

Ratio Decidendi

Any privilege in the documents listed in folder 33 was lost by waiver due to their disclosure as discoverable and inspection being allowed with no claim of privilege and with no obvious mistake apparent to solicitors for the plaintiff; privilege is upheld in respect of the second and third documents in VD213 as they are found to have a dominant litigious purpose and were not waived.

Court Disposition

Privilege lost by waiver in respect of documents in folder 33. Privilege upheld for second and third documents in VD213.

Orders

  • ['Claim for privilege over folder 33 documents dismissed.' 'Claim for privilege over second and third documents in VD213 upheld.']