Mazey v Climax Mining Limited and ors [2005] NSWIRComm 160

Mazey v Climax Mining Limited and ors [2005] NSWIRComm 160

Correspondence between Corrs Chambers Westgarth Lawyers and the insurance broker dated 17 June 2004 and 21 June 2004 was privileged because it was communication with a third party made for the dominant purpose of providing legal advice about whether insurance cover extended to the applicant. The Tower letter dated 15 March 2005 and the Fulcher communication were not privileged because the material did not disclose, or indicate, legal advice or a confidential lawyer-client communication.

Jurisdiction
Australia
Judgment Date
23 May 2005
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Privilege
Outcome
Privilege upheld in part and rejected in part; costs reserved; liberty to apply continued.
Legal Topics
['legal Professional Privilege' 'summons for Production' 'salary Continuance Insurance' 'unfair Contracts Under S 106 of the Industrial Relations Act 1996']
['industrial Relations' 'evidence'] ['legal Professional Privilege' 'summons for Production' 'salary Continuance Insurance' 'unfair Contracts Under S 106 of the Industrial Relations Act 1996']

Case Brief

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Privilege

Legal Issues

  1. 1 ['Whether documents produced in answer to a summons for production to Inpro Australia Pty Ltd were protected by privilege.' "Whether correspondence between the respondents' solicitors and the insurance broker seeking documents concerning the insurer was privileged." 'Whether a letter from Tower Australia Limited to Inpro dated 15 March 2005 attracted privilege.' 'Whether a communication from Geoff Fulcher to Catherine Kenny of Inpro attracted privilege.']

Ratio Decidendi

Correspondence between Corrs Chambers Westgarth Lawyers and the insurance broker dated 17 June 2004 and 21 June 2004 was privileged because it was communication with a third party made for the dominant purpose of providing legal advice about whether insurance cover extended to the applicant. The Tower letter dated 15 March 2005 and the Fulcher communication were not privileged because the material did not disclose, or indicate, legal advice or a confidential lawyer-client communication.

Court Disposition

Privilege upheld in part and rejected in part; costs reserved; liberty to apply continued.

Orders

  • ['Privilege attaches to correspondence dated 17 June 2004 and 21 June 2004.' 'The letter from Tower Australia Limited to Inpro dated 15 March 2005 does not attract privilege.' 'The claim for privilege over the communication from Geoff Fulcher to Catherine Kenny of Inpro is rejected.' "The undated facsimile from...