Silberstein v The Owners - Strata Plan No. 55468 [2022] NSWCATCD 114

Silberstein v The Owners - Strata Plan No. 55468 [2022] NSWCATCD 114

The Tribunal found that certain documents referenced by the applicant were protected by legal professional privilege and should not be adduced as evidence unless the Tribunal otherwise orders. Privilege was not waived by inadvertent disclosure via the document portal. The Tribunal declined to grant injunctive relief preventing use or disclosure of information obtained from privileged documents, holding it lacked such power. Rather, the applicant is required to file amended pleadings with references to privileged or not-pressed documents excluded, and the proceedings are set down for further directions.

Jurisdiction
Australia
Judgment Date
15 July 2022
Procedural Posture
Civil / Interlocutory Application Decision
Outcome
Interlocutory application dismissed in part and granted in part as to orders restricting use/admissibility of privileged material and requiring service of amended pleadings; no injunctive relief granted; costs reserved.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'striking Out Pleadings' 'strata Disputes' 'admissibility of Evidence']
['civil Procedure'] ['legal Professional Privilege' 'waiver of Privilege' 'striking Out Pleadings' 'strata Disputes' 'admissibility of Evidence']

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

Civil / Interlocutory Application Decision

Legal Issues

  1. 1 ['Whether certain documents are protected by legal professional privilege' 'Whether privilege over any such documents has been waived' 'Whether parts of pleadings should be struck out for referencing privileged material' 'Whether the Tribunal has power to order injunctions or permanent restrictions regarding information acquired through inadvertent disclosure']

Ratio Decidendi

The Tribunal found that certain documents referenced by the applicant were protected by legal professional privilege and should not be adduced as evidence unless the Tribunal otherwise orders. Privilege was not waived by inadvertent disclosure via the document portal. The Tribunal declined to grant injunctive relief preventing use or disclosure of information obtained from privileged documents, holding it lacked such power. Rather, the applicant is required to file amended pleadings with references to privileged or not-pressed documents excluded, and the proceedings are set down for further directions.

Court Disposition

Interlocutory application dismissed in part and granted in part as to orders restricting use/admissibility of privileged material and requiring service of amended pleadings; no injunctive relief granted; costs reserved.

Orders

  • ['The applicant is to file and serve Amended Points of Claim within 14 days of the decision.' 'Unless the Tribunal otherwise orders at the hearing of the substantive proceedings, documents found to be subject to legal professional privilege or not pressed may not be adduced as evidence.' 'The application for...