Garratt's Ltd v Thanga Thangathurai [2002] NSWSC 39

Garratt's Ltd v Thanga Thangathurai [2002] NSWSC 39

By putting in issue his state of mind at the relevant time through his pleadings and cross-claim—including defences based on economic duress, mistake, and misrepresentation—the defendant consented to production for inspection of documents that are material to his state of mind at the time of entering into the contract. Accordingly, legal professional privilege is waived for those documents to the extent identified in the judgment.

Jurisdiction
Australia
Judgment Date
12 February 2002
Procedural Posture
Application Within Proceedings / Interlocutory Application Motion for Production of Documents
Outcome
Order made for production of certain documents for inspection; access granted to specific documents; privilege maintained for others.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'production of Documents' 'economic Duress' 'misleading or Deceptive Conduct' 'contract' 'mistake' 'misrepresentation']
['evidence' 'equity' 'commercial Law'] ['legal Professional Privilege' 'waiver of Privilege' 'production of Documents' 'economic Duress' 'misleading or Deceptive Conduct' 'contract' 'mistake' 'misrepresentation']

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Procedural Posture

Application Within Proceedings / Interlocutory Application Motion for Production of Documents

Legal Issues

  1. 1 ['Whether the defendant, by pleading his defence and cross-claim, has consented to the production of documents relevant to his state of mind at the time of entry into the contract for the purposes of privilege claimed under the Evidence Act 1995 (NSW).']

Ratio Decidendi

By putting in issue his state of mind at the relevant time through his pleadings and cross-claim—including defences based on economic duress, mistake, and misrepresentation—the defendant consented to production for inspection of documents that are material to his state of mind at the time of entering into the contract. Accordingly, legal professional privilege is waived for those documents to the extent identified in the judgment.

Court Disposition

Order made for production of certain documents for inspection; access granted to specific documents; privilege maintained for others.

Orders

  • ["The plaintiff may inspect documents numbered 329, 339 to 347 inclusive, 349 to 357 inclusive, 361 and 362 from the defendant's list." "Access to the balance of the documents is refused and those documents to remain sealed and marked 'privileged'." 'Court to hear further argument as to costs if parties unable to...