John Tanner Holdings & Ors v Mortgage Management & Anor [2001] FCA 194

John Tanner Holdings & Ors v Mortgage Management & Anor [2001] FCA 194

There is nothing inherent in the causes of action pleaded by the applicants that, without more, constitutes a waiver of legal professional privilege at common law or under s 122(1) of the Evidence Act 1995 (Cth). No sufficient act or omission by the applicants was identified that would render continued reliance on privilege unjust at this interlocutory stage.

Parties
First Applicant: John Tanner Holdings Pty Limited ACN 001 316 696; Second Applicant: John Arthur Tanner; Third Applicant: Liot Pty Limited ACN 001 624 815; Fourth Applicant: Tanran Holdings Pty Limited ACN 001 674 139; Fifth Applicant: Collette Investments Pty Limited ACN 000 486 699; Sixth Applicant: May Harlow Pty Limited ACN 001 317 942; Seventh Applicant: Woodsinta Pty Limited ACN 002 497 136; Eighth Applicant: Slipcopin Pty Limited ACN 002 488 682; Ninth Applicant: Subhona Pty Limited ACN 002 275 345; First Respondent: Mortgage Management Limited ACN 001 680 851; Second Respondent: Westpac Banking Corporation
Jurisdiction
Australia
Judgment Date
06 March 2001
Procedural Posture
Practice and Procedure / Interlocutory Application Regarding Legal Professional Privilege
Outcome
application dismissed with costs
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Implied Waiver, Evidence Act 1995 (cth) S 122, Unconscionable Conduct, Economic Duress, Misleading and Deceptive Conduct
Evidence Practice and Procedure Legal Professional Privilege Waiver of Privilege Implied Waiver Evidence Act 1995 (cth) S 122 Unconscionable Conduct Economic Duress +1 more

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Tanner Holdings Pty Limited ACN 001 316 696

First Applicant

John Arthur Tanner

Second Applicant

Liot Pty Limited ACN 001 624 815

Third Applicant

Tanran Holdings Pty Limited ACN 001 674 139

Fourth Applicant

Collette Investments Pty Limited ACN 000 486 699

Fifth Applicant

May Harlow Pty Limited ACN 001 317 942

Sixth Applicant

Woodsinta Pty Limited ACN 002 497 136

Seventh Applicant

Slipcopin Pty Limited ACN 002 488 682

Eighth Applicant

Subhona Pty Limited ACN 002 275 345

Ninth Applicant

Mortgage Management Limited ACN 001 680 851

First Respondent

Westpac Banking Corporation

Second Respondent

Procedural Posture

Practice and Procedure / Interlocutory Application Regarding Legal Professional Privilege

Legal Issues

  1. 1 Whether the applicants have waived legal professional privilege by pleading causes of action involving their state of mind or by reliance on statutory provisions such as s 122(1) Evidence Act 1995 (Cth)
  2. 2 Whether there is an imputed or implied waiver of privilege in relation to solicitor communications relevant to the causes of action pleaded

Ratio Decidendi

There is nothing inherent in the causes of action pleaded by the applicants that, without more, constitutes a waiver of legal professional privilege at common law or under s 122(1) of the Evidence Act 1995 (Cth). No sufficient act or omission by the applicants was identified that would render continued reliance on privilege unjust at this interlocutory stage.

Court Disposition

application dismissed with costs

Orders

  • The application of the Respondents to inspect the documents the subject of the Applicants' claim of legal professional privilege be dismissed.
  • The Respondents pay the Applicants' costs of the application.