Jeff Estok v Issues & Images Group Pty Limited and Others [2002] NSWIRComm 67

Jeff Estok v Issues & Images Group Pty Limited and Others [2002] NSWIRComm 67

Privilege in legal advice provided by Allens and the material upon which it was based was waived by express and implied conduct of the respondents, including voluntary disclosure and providing reasoning to the applicant. Fairness required production of the material sought, and the respondents’ conduct was inconsistent with maintaining privilege. Only such other advice not disclosed remains privileged.

Jurisdiction
Australia
Judgment Date
16 April 2002
Procedural Posture
Interlocutory Motion / Ruling on Notice of Motion to Set Aside Summonses for Production
Outcome
Respondents' notice of motion dismissed, with partial exception for undisclosed legal advice
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'employment Termination' 'redundancy' 'share Options' 'contractual Entitlements' 'unconscionable Conduct']
['industrial Relations' 'employment Law'] ['legal Professional Privilege' 'waiver of Privilege' 'employment Termination' 'redundancy' 'share Options' 'contractual Entitlements' 'unconscionable Conduct']

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Procedural Posture

Interlocutory Motion / Ruling on Notice of Motion to Set Aside Summonses for Production

Legal Issues

  1. 1 ['Whether legal professional privilege in legal advice and underlying material was waived (expressly or impliedly)' 'Whether the documents sought are relevant to the issues in dispute' 'Whether privilege exists in alleged settlement negotiations and alleged improper threats' 'Scope of waiver regarding second legal advice' 'Relevance to redundancy and share option entitlement claims']

Ratio Decidendi

Privilege in legal advice provided by Allens and the material upon which it was based was waived by express and implied conduct of the respondents, including voluntary disclosure and providing reasoning to the applicant. Fairness required production of the material sought, and the respondents’ conduct was inconsistent with maintaining privilege. Only such other advice not disclosed remains privileged.

Court Disposition

Respondents' notice of motion dismissed, with partial exception for undisclosed legal advice

Orders

  • ['Motion dismissed subject to exclusion of undisclosed advice' 'Usual order as to costs in favour of applicant, as agreed or assessed' 'Parties have liberty to approach within 21 days in case of disagreements about terms of order']