Tulloch (deceased) v Braybon & ors [2010] NSWSC 640

Tulloch (deceased) v Braybon & ors [2010] NSWSC 640

The relevant part of the witness's answer was given inadvertently without proper advice regarding privilege and could not be regarded as a waiver of privilege. Thus, privilege was not lost and the question under objection was not allowed.

Jurisdiction
Australia
Judgment Date
10 March 2010
Procedural Posture
Equity Dispute / Interlocutory Ruling on Evidentiary Privilege Objection
Outcome
Privilege not waived – question allowed.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'inadvertent Disclosure']
['evidence' 'equity'] ['legal Professional Privilege' 'waiver of Privilege' 'inadvertent Disclosure']

Case Brief

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Procedural Posture

Equity Dispute / Interlocutory Ruling on Evidentiary Privilege Objection

Legal Issues

  1. 1 ['Whether privilege over solicitor-client communications was waived by witness answer in cross-examination' 'Whether the disclosure was inadvertent and thus preserved privilege']

Ratio Decidendi

The relevant part of the witness's answer was given inadvertently without proper advice regarding privilege and could not be regarded as a waiver of privilege. Thus, privilege was not lost and the question under objection was not allowed.

Court Disposition

Privilege not waived – question allowed.

Orders

  • ['Objection upheld; answer set aside insofar as it opened privileged communication and the ensuing question under objection disallowed.']