In the Matter of White Constructions (ACT) Pty Ltd (in liq); Spinks, John & Ors v Prentice, Maxwell William [1998] FCA 1178

In the Matter of White Constructions (ACT) Pty Ltd (in liq); Spinks, John & Ors v Prentice, Maxwell William [1998] FCA 1178

The application for leave to inspect documents was refused because no claim for legal professional privilege had yet been made, no privilege against self-incrimination was suggested, and there was therefore no privilege issue presently before the Court warranting the requested access or procedural directions.

Jurisdiction
Australia
Judgment Date
18 August 1998
Procedural Posture
Practice and Procedure Application to Inspect Documents / Application for Leave to Inspect Documents
Outcome
Application for leave to inspect documents refused; costs reserved.
Legal Topics
['inspection of Documents' 'legal Professional Privilege' 'privilege Against Self Incrimination' 'confidentiality Undertaking']
['practice and Procedure'] ['inspection of Documents' 'legal Professional Privilege' 'privilege Against Self Incrimination' 'confidentiality Undertaking']

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Procedural Posture

Practice and Procedure Application to Inspect Documents / Application for Leave to Inspect Documents

Legal Issues

  1. 1 ['Whether to grant an urgent application for leave to inspect documents.' 'Whether any claim for legal professional privilege or privilege against self-incrimination was before the Court in relation to the documents.']

Ratio Decidendi

The application for leave to inspect documents was refused because no claim for legal professional privilege had yet been made, no privilege against self-incrimination was suggested, and there was therefore no privilege issue presently before the Court warranting the requested access or procedural directions.

Court Disposition

Application for leave to inspect documents refused; costs reserved.

Orders

  • ['Application for leave to inspect documents refused.' 'Costs reserved.']