Wollongong City Council v Ensile Pty Limited; Wollongong City Council v Hogarth (No 3) [2008] NSWLEC 148

Wollongong City Council v Ensile Pty Limited; Wollongong City Council v Hogarth (No 3) [2008] NSWLEC 148

Because the proceedings were criminal, the documents did not relate to associated defendants, and a call for production is an aspect of adducing evidence under the Evidence Act, s 123 operated according to its terms so that the prosecutor could not maintain its claim for legal professional privilege under s 119 against the defendants.

Jurisdiction
Australia
Judgment Date
16 April 2008
Procedural Posture
Prosecution / Ex Tempore Judgment on Defendants' Call for Production and Prosecutor's Claim for Legal Professional Privilege
Outcome
The defendants' submissions were accepted and the prosecutor's claim for privilege could not be maintained.
Legal Topics
['legal Professional Privilege' 'call for Production of Documents' 'adducing Evidence' 'evidence Act 1995 S 119' 'evidence Act 1995 S 123']
['evidence' 'criminal Procedure'] ['legal Professional Privilege' 'call for Production of Documents' 'adducing Evidence' 'evidence Act 1995 S 119' 'evidence Act 1995 S 123']

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Procedural Posture

Prosecution / Ex Tempore Judgment on Defendants' Call for Production and Prosecutor's Claim for Legal Professional Privilege

Legal Issues

  1. 1 ["Whether the prosecutor could maintain a claim for legal professional privilege under s 119 of the Evidence Act 1995 against the defendants' call for production of documents." 'Whether a call for production and inspection of documents is an aspect of adducing evidence for the purposes of s 123 of the Evidence Act 1995.']

Ratio Decidendi

Because the proceedings were criminal, the documents did not relate to associated defendants, and a call for production is an aspect of adducing evidence under the Evidence Act, s 123 operated according to its terms so that the prosecutor could not maintain its claim for legal professional privilege under s 119 against the defendants.

Court Disposition

The defendants' submissions were accepted and the prosecutor's claim for privilege could not be maintained.

Orders

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