Lanton Productions Pty Ltd v Edward Rushton Pty Ltd & Ors [1996] FCA 323

Lanton Productions Pty Ltd v Edward Rushton Pty Ltd & Ors [1996] FCA 323

The privilege claims were inadequately particularised, inconsistent, or unsupported by sufficient factual explanation, preventing the Court from accepting the claims without examining the documents. Since valid claims could not be established on affidavit, production of the listed documents was directed.

Parties
Applicant: Lanton Productions Pty Ltd; First Respondent: Edward Rushton Pty Ltd; Second Respondent: Electronic Learning Systems International Pty Ltd; Third Respondent: Graeme Charles Pitts; Fourth Respondent: Moorgate Finance Pty Ltd; Fifth Respondent: Frank Edge; First Cross Claimant: Frank Edge; Second Respondent to the First Cross Claim: Moorgate Finance Pty Ltd; Second Cross Claimant: Edward Rushton Pty Ltd; First Respondent to the Second Cross Claim: Moorgate Finance Pty Ltd; Second Respondent to the Second Cross Claim: Frank Edge; Third Cross Claimant: Edward Rushton Pty Ltd; First Respondent to the Third Cross Claim: Electronic Learning Systems International Pty Ltd; Second Respondent to the Third Cross Claim: Graeme Charles Pitts; Fourth Cross Claimant: Electronic Learning Systems International Pty Ltd; First Respondent to the Fourth Cross Claim: Edward Rushton Pty Ltd; Fifth Cross Claimant: Graeme Charles Pitts; First Respondent to the Fifth Cross Claim: Edward Rushton Pty Ltd; Sixth Cross Claimant: Electronic Learning Systems International Pty Ltd; First Respondent to the Sixth Cross Claim: Lanton Productions Pty Ltd
Jurisdiction
Australia
Judgment Date
03 May 1996
Procedural Posture
Non Party Discovery Motion / Interlocutory (order for Production of Documents)
Outcome
Application for production of documents granted; privilege claims rejected in current form.
Legal Topics
Discovery, Third Party Discovery, Privilege, Without Prejudice Privilege, Common Interest Privilege, Legal Professional Privilege
Civil Procedure Evidence Discovery Third Party Discovery Privilege Without Prejudice Privilege Common Interest Privilege Legal Professional Privilege

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Parties

Lanton Productions Pty Ltd

Applicant

Edward Rushton Pty Ltd

First Respondent

Electronic Learning Systems International Pty Ltd

Second Respondent

Graeme Charles Pitts

Third Respondent

Moorgate Finance Pty Ltd

Fourth Respondent

Frank Edge

Fifth Respondent

Frank Edge

First Cross Claimant

Moorgate Finance Pty Ltd

Second Respondent to the First Cross Claim

Edward Rushton Pty Ltd

Second Cross Claimant

Moorgate Finance Pty Ltd

First Respondent to the Second Cross Claim

Frank Edge

Second Respondent to the Second Cross Claim

Edward Rushton Pty Ltd

Third Cross Claimant

Electronic Learning Systems International Pty Ltd

First Respondent to the Third Cross Claim

Graeme Charles Pitts

Second Respondent to the Third Cross Claim

Electronic Learning Systems International Pty Ltd

Fourth Cross Claimant

Edward Rushton Pty Ltd

First Respondent to the Fourth Cross Claim

Graeme Charles Pitts

Fifth Cross Claimant

Edward Rushton Pty Ltd

First Respondent to the Fifth Cross Claim

Electronic Learning Systems International Pty Ltd

Sixth Cross Claimant

Lanton Productions Pty Ltd

First Respondent to the Sixth Cross Claim

Procedural Posture

Non Party Discovery Motion / Interlocutory (order for Production of Documents)

Legal Issues

  1. 1 Whether documents held by non-party AGC are privileged from production under without prejudice privilege, common interest privilege, or legal professional privilege.

Ratio Decidendi

The privilege claims were inadequately particularised, inconsistent, or unsupported by sufficient factual explanation, preventing the Court from accepting the claims without examining the documents. Since valid claims could not be established on affidavit, production of the listed documents was directed.

Court Disposition

Application for production of documents granted; privilege claims rejected in current form.

Orders

  • Respondents to the motion forthwith produce to the Court the documents listed as 1 to 21 in its List of Documents.