Fig Tree Developments Ltd v Australian Property Custodian Holdings Ltd [2008] FCA 1041

Fig Tree Developments Ltd v Australian Property Custodian Holdings Ltd [2008] FCA 1041

Orders were made for further affidavits by Prime regarding specified categories of documents where there were grounds for belief those documents may exist. Privilege was found waived to the extent legal advice was disclosed in public announcements. Variation of confidentiality orders was refused, holding Prime to its consent bargain. Masking/redaction of documents for relevance/confidentiality without agreement or court order was not permitted; unmasked copies must be produced unless subject to a claim for privilege.

Jurisdiction
Australia
Judgment Date
27 June 2008
Procedural Posture
Interlocutory Application / Application for Discovery, Confidentiality, and Privilege Orders Prior to Trial
Outcome
Applications by both parties determined in part; discovery and inspection orders granted as specified; confidentiality orders maintained; costs awarded as specified.
Legal Topics
['discovery' 'legal Professional Privilege' 'confidentiality Orders' 'redaction of Documents']
['civil Procedure'] ['discovery' 'legal Professional Privilege' 'confidentiality Orders' 'redaction of Documents']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application for Discovery, Confidentiality, and Privilege Orders Prior to Trial

Legal Issues

  1. 1 ['Whether further discovery should be ordered against Prime' 'Whether legal professional privilege has been waived by disclosure' 'Whether confidentiality orders should be varied' 'Validity of alleged blanket privilege claims' "Whether redaction of documents for 'relevance' or 'confidentiality' is permissible"]

Ratio Decidendi

Orders were made for further affidavits by Prime regarding specified categories of documents where there were grounds for belief those documents may exist. Privilege was found waived to the extent legal advice was disclosed in public announcements. Variation of confidentiality orders was refused, holding Prime to its consent bargain. Masking/redaction of documents for relevance/confidentiality without agreement or court order was not permitted; unmasked copies must be produced unless subject to a claim for privilege.

Court Disposition

Applications by both parties determined in part; discovery and inspection orders granted as specified; confidentiality orders maintained; costs awarded as specified.

Orders

  • ['Leave granted to Fig Tree to amend its statement of claim.' 'Prime granted leave to amend defence and cross-claim within seven days if necessary.' 'Prime to file and serve affidavit within seven days regarding possession, custody, or power of documents in categories 1, 4, 9, 22, and 36(3).' "Liberty to apply...