Silver v Dome Resources NL [2005] NSWSC 349

Silver v Dome Resources NL [2005] NSWSC 349

Documents are admitted as business records under s 69 of the Evidence Act 1995 (NSW), and privilege is taken to have been waived by consent, extending up to 31 May 1999 given the fairness principle derived from common law and adopted in s 122(1).

Jurisdiction
Australia
Judgment Date
13 April 2005
Procedural Posture
Equity / Interlocutory Application Regarding Admissibility and Privilege of Documents
Outcome
Documents admitted as business records; legal professional privilege taken to have been given up for documents required to be produced up to 31 May 1999.
Legal Topics
['privilege' 'legal Professional Privilege' 'waiver of Privilege' 'business Records' 'admissibility of Documents']
['evidence' 'equity'] ['privilege' 'legal Professional Privilege' 'waiver of Privilege' 'business Records' 'admissibility of Documents']

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Procedural Posture

Equity / Interlocutory Application Regarding Admissibility and Privilege of Documents

Legal Issues

  1. 1 ['Whether certain documents are admissible as business records under s 69 of the Evidence Act 1995 (NSW)' 'Whether legal professional privilege has been waived under s 122(1) of the Evidence Act 1995 (NSW)' 'Relevance of documents for proof of communications between specified parties']

Ratio Decidendi

Documents are admitted as business records under s 69 of the Evidence Act 1995 (NSW), and privilege is taken to have been waived by consent, extending up to 31 May 1999 given the fairness principle derived from common law and adopted in s 122(1).

Court Disposition

Documents admitted as business records; legal professional privilege taken to have been given up for documents required to be produced up to 31 May 1999.

Orders

  • ['Cover sheet, notes of telephone conversation (6 October 1998), notes of conference (6 October 1998), and draft facsimile (13 November 1998) admitted as Exhibit 5.' 'Note of conference (9 October 1998) rejected and marked MFI 6 to be returned' 'Production and access to Minter Ellison file up to 31 May 1999 ordered;...