Lanton Productions Pty Ltd v Edward Rushton Pty Ltd & Ors [1996] FCA 337

Lanton Productions Pty Ltd v Edward Rushton Pty Ltd & Ors [1996] FCA 337

There was no valid basis for claiming privilege over the documents in question, except in relation to the typewritten parts of document 15. The 'sole purpose' test for privilege was not satisfied for most documents, and communications described as 'without prejudice' were not genuinely referable to the resolution of a dispute.

Jurisdiction
Australia
Judgment Date
09 May 1996
Procedural Posture
Application for Third Party Discovery / Ruling on Production and Inspection of Documents (discovery Stage)
Outcome
Orders for inspection and production of documents, with costs.
Legal Topics
['discovery' 'privilege' 'legal Professional Privilege' 'without Prejudice Communications']
['civil Procedure'] ['discovery' 'privilege' 'legal Professional Privilege' 'without Prejudice Communications']

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Procedural Posture

Application for Third Party Discovery / Ruling on Production and Inspection of Documents (discovery Stage)

Legal Issues

  1. 1 ['Whether the documents in question are protected by legal professional privilege or without prejudice privilege and therefore exempt from production in discovery.']

Ratio Decidendi

There was no valid basis for claiming privilege over the documents in question, except in relation to the typewritten parts of document 15. The 'sole purpose' test for privilege was not satisfied for most documents, and communications described as 'without prejudice' were not genuinely referable to the resolution of a dispute.

Court Disposition

Orders for inspection and production of documents, with costs.

Orders

  • ["The documents listed as numbers 1-21 inclusive in the list of documents filed on 21 April 1994 to be produced for the inspection of the first respondent Edward Rushton Pty Ltd at the solicitors' office of the respondents to the application within fourteen days, save for specific redactions stated for certain...