Macteldir Pty Limited v Dimoski [2005] FCA 1466

Macteldir Pty Limited v Dimoski [2005] FCA 1466

Applicant's conduct does not, on present analysis, constitute waiver of privilege nor does fairness or inconsistency require disclosure of the advice at this stage; accordingly, the application for production and interrogatories is dismissed.

Jurisdiction
Australia
Judgment Date
11 October 2005
Procedural Posture
Interlocutory Application / Hearing and Decision on Application for Production of Documents and Interrogatories
Outcome
application dismissed
Legal Topics
['legal Professional Privilege' 'costs' 'production of Documents' 'interrogatories']
['civil Procedure'] ['legal Professional Privilege' 'costs' 'production of Documents' 'interrogatories']

Case Brief

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Procedural Posture

Interlocutory Application / Hearing and Decision on Application for Production of Documents and Interrogatories

Legal Issues

  1. 1 ['Whether applicant has put legal advice in issue sufficient to warrant production of documents and answering of interrogatories' 'Whether privilege is waived due to conduct of proceedings' 'Causation concerning costs relating to failed High Court application']

Ratio Decidendi

Applicant's conduct does not, on present analysis, constitute waiver of privilege nor does fairness or inconsistency require disclosure of the advice at this stage; accordingly, the application for production and interrogatories is dismissed.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.' 'The costs of the application be reserved.']