Sheffield v Brambles Australia Ltd and Anor [2001] NSWIRComm 230

Sheffield v Brambles Australia Ltd and Anor [2001] NSWIRComm 230

Legal professional privilege was not waived in this case because there was no express or implied waiver by the respondents; the mere fact legal advice was received before making the decision does not constitute an inconsistency with maintaining privilege or create unfairness, thus privilege is upheld and the advice need not be produced.

Parties
Applicant: Lindsay John Sheffield; First Respondent: Brambles Australia Limited; Second Respondent: Brambles Industries Limited
Jurisdiction
Australia
Judgment Date
27 September 2001
Procedural Posture
Interlocutory Application Under S106 of the Industrial Relations Act 1996 / Interlocutory Judgment
Outcome
Claim of legal professional privilege upheld
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Contracts of Employment, Share Options
Industrial Relations Evidence Law Legal Professional Privilege Waiver of Privilege Contracts of Employment Share Options

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Parties

Lindsay John Sheffield

Applicant

Brambles Australia Limited

First Respondent

Brambles Industries Limited

Second Respondent

Procedural Posture

Interlocutory Application Under S106 of the Industrial Relations Act 1996 / Interlocutory Judgment

Legal Issues

  1. 1 Whether legal professional privilege over legal advice presented to the respondent's board meeting was waived such that the applicant is entitled to access the document

Ratio Decidendi

Legal professional privilege was not waived in this case because there was no express or implied waiver by the respondents; the mere fact legal advice was received before making the decision does not constitute an inconsistency with maintaining privilege or create unfairness, thus privilege is upheld and the advice need not be produced.

Court Disposition

Claim of legal professional privilege upheld

Orders

  • Application to compel production of legal advice refused