Moran v Moran [No 9] [2000] NSWSC 219

Moran v Moran [No 9] [2000] NSWSC 219

Privilege was not waived because the parts of the Communication Planner in respect of which privilege was claimed had not been used to revive Mr Alder's memory about a fact or opinion relevant to his evidence; only non-privileged aspects were used for memory-refreshment for the purposes of giving testimony.

Jurisdiction
Australia
Judgment Date
23 March 2000
Procedural Posture
Civil / Interlocutory Ruling on Legal Professional Privilege
Outcome
Privilege maintained; application for access to privileged portions of the document refused.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'refreshing Recollection']
['evidence'] ['legal Professional Privilege' 'waiver of Privilege' 'refreshing Recollection']

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Procedural Posture

Civil / Interlocutory Ruling on Legal Professional Privilege

Legal Issues

  1. 1 ['Whether legal professional privilege has been waived in respect of portions of a document examined by a witness for accuracy and memory-refreshment prior to giving evidence.']

Ratio Decidendi

Privilege was not waived because the parts of the Communication Planner in respect of which privilege was claimed had not been used to revive Mr Alder's memory about a fact or opinion relevant to his evidence; only non-privileged aspects were used for memory-refreshment for the purposes of giving testimony.

Court Disposition

Privilege maintained; application for access to privileged portions of the document refused.

Orders

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