Leigh-Mardon Pty Ltd v Titan Corp Ltd & Ors [1997] FCA 942

Leigh-Mardon Pty Ltd v Titan Corp Ltd & Ors [1997] FCA 942

The proofs of evidence remained privileged. Sending Mr Truscott's proof to him for signature and return was a limited disclosure and did not indicate that he could use it for other purposes. Sending Mr Barnes a copy of his proof, in circumstances where the solicitors knew he intended to provide it to police, was also limited to use for his police interview and did not waive confidentiality as against the respondents. Because the applicant obtained no benefit in the Federal Court proceedings from the use of the proofs in police interviews, fairness did not require an imputed waiver as against the respondents.

Jurisdiction
Australia
Judgment Date
12 September 1997
Procedural Posture
Notice of Motion Claiming Legal Professional Privilege Over Proofs of Evidence / Reasons for Judgment on the Applicant's Motion Filed on 25 August 1997
Outcome
The applicant's motion was allowed with costs in relation to paragraph 1; the Court would hear the parties further on the appropriate form of order.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'express Waiver' 'implied or Imputed Waiver' 'confidentiality' 'proofs of Evidence' 'subpoenas']
['practice and Procedure' 'evidence'] ['legal Professional Privilege' 'waiver of Privilege' 'express Waiver' 'implied or Imputed Waiver' 'confidentiality' 'proofs of Evidence' 'subpoenas']

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Procedural Posture

Notice of Motion Claiming Legal Professional Privilege Over Proofs of Evidence / Reasons for Judgment on the Applicant's Motion Filed on 25 August 1997

Legal Issues

  1. 1 ['Whether confidentiality in the proofs of evidence was lost by providing the proofs to the witnesses.' 'Whether confidentiality was lost by providing a proof to a witness knowing it may be given to the police.' 'Whether the applicant expressly waived legal professional privilege over the proofs of evidence.' 'Whether the circumstances gave rise to an implied or imputed waiver of legal professional privilege.' 'Whether fairness required that privilege cease as against the respondents.']

Ratio Decidendi

The proofs of evidence remained privileged. Sending Mr Truscott's proof to him for signature and return was a limited disclosure and did not indicate that he could use it for other purposes. Sending Mr Barnes a copy of his proof, in circumstances where the solicitors knew he intended to provide it to police, was also limited to use for his police interview and did not waive confidentiality as against the respondents. Because the applicant obtained no benefit in the Federal Court proceedings from the use of the proofs in police interviews, fairness did not require an imputed waiver as against the respondents.

Court Disposition

The applicant's motion was allowed with costs in relation to paragraph 1; the Court would hear the parties further on the appropriate form of order.

Orders

  • ['The application made by the applicant in paragraph 1 of the motion filed on 25 August 1997 will be allowed with costs.' 'The parties will be heard further on the appropriate form of order to reflect the decision.']