Leigh-Mardon Pty Ltd v Titan Corporation Ltd & Ors [1996] FCA 1039

Leigh-Mardon Pty Ltd v Titan Corporation Ltd & Ors [1996] FCA 1039

The applicant's disclosure of the privileged statement to police was for the limited purpose of assisting criminal investigations and was not done to gain a benefit in the Federal Court proceedings; therefore no question of fairness arose between the applicant and respondents requiring production, and no implied or imputed waiver occurred.

Jurisdiction
Australia
Judgment Date
21 November 1996
Procedural Posture
Civil Proceedings / Interlocutory Motion Concerning a Notice to Produce and Legal Professional Privilege
Outcome
The document was held to be privileged and the privilege had not been waived.
Legal Topics
['legal Professional Privilege' 'implied Waiver' 'notice to Produce' 'disclosure to Police for a Limited Purpose']
['evidence' 'civil Procedure'] ['legal Professional Privilege' 'implied Waiver' 'notice to Produce' 'disclosure to Police for a Limited Purpose']

Case Brief

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Procedural Posture

Civil Proceedings / Interlocutory Motion Concerning a Notice to Produce and Legal Professional Privilege

Legal Issues

  1. 1 ['Whether the applicant had, by implication, waived legal professional privilege over a statement of interview by giving a copy to police for use in criminal investigations.' 'Whether fairness between the applicant and respondents required production of the privileged document.']

Ratio Decidendi

The applicant's disclosure of the privileged statement to police was for the limited purpose of assisting criminal investigations and was not done to gain a benefit in the Federal Court proceedings; therefore no question of fairness arose between the applicant and respondents requiring production, and no implied or imputed waiver occurred.

Court Disposition

The document was held to be privileged and the privilege had not been waived.

Orders

  • ['The motion, notice of which is dated 18 November 1996, be refused.' 'No order be made on the notice to produce, dated 2 September 1996.' "The respondents pay the applicant's costs of the notice to produce and of the motion."]