Malouf -v- Manly Council [2002] NSWADT 56

Malouf -v- Manly Council [2002] NSWADT 56

The Respondent's claims were upheld because the relevant documents were communications between the Respondent and its legal adviser, records of such communications for the purpose of legal advice or litigation, documents made for the dominant purpose of preparing for contemplated proceedings, or documents brought into existence for without prejudice communications.

Jurisdiction
Australia
Judgment Date
19 April 2002
Procedural Posture
Retail Leases Division Application Concerning Privilege Over Documents Sought by Notice to Produce / Preliminary Matter
Outcome
The Respondent's claims for privilege were upheld.
Legal Topics
['legal Professional Privilege' 'without Prejudice Communications' 'notice to Produce' 'dominant Purpose Test']
['retail Leases' 'evidence' 'civil Procedure'] ['legal Professional Privilege' 'without Prejudice Communications' 'notice to Produce' 'dominant Purpose Test']

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Procedural Posture

Retail Leases Division Application Concerning Privilege Over Documents Sought by Notice to Produce / Preliminary Matter

Legal Issues

  1. 1 ["Whether the Respondent could rely on legal professional privilege to resist production of documents specified in the Applicant's further Notice to Produce." 'Whether documents brought into existence for without prejudice communications were privileged.' 'Whether internal material created for commencing or maintaining action against the Applicant was privileged.']

Ratio Decidendi

The Respondent's claims were upheld because the relevant documents were communications between the Respondent and its legal adviser, records of such communications for the purpose of legal advice or litigation, documents made for the dominant purpose of preparing for contemplated proceedings, or documents brought into existence for without prejudice communications.

Court Disposition

The Respondent's claims for privilege were upheld.

Orders

  • ["The Respondent's claim for legal professional privilege is upheld in relation to documents 1 to 99 inclusive, excluding document 10, in the Affidavit of Lesley Ruth Finn dated 5 February 2002." "The Respondent's claim for legal professional privilege is upheld in relation to documents 100 to 119 inclusive in the...