Owners Strata Plan No 68372 v Allianz Australia Insurance Ltd [2014] NSWSC 223

Owners Strata Plan No 68372 v Allianz Australia Insurance Ltd [2014] NSWSC 223

The plaintiff did not waive legal professional privilege as its counsel actively and specifically asserted privilege during cross-examination, and the evidence did not establish any inconsistent conduct or sufficient disclosure of the substance of privileged material. Thus, there was no waiver and the subpoenas should be set aside.

Jurisdiction
Australia
Judgment Date
12 March 2014
Procedural Posture
Notice of Motion to Set Aside Subpoenas / Interlocutory Application
Outcome
Application granted. Subpoenas set aside. Costs awarded to applicant.
Legal Topics
['subpoenas' 'legal Professional Privilege' 'waiver of Privilege']
['civil Procedure'] ['subpoenas' 'legal Professional Privilege' 'waiver of Privilege']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside Subpoenas / Interlocutory Application

Legal Issues

  1. 1 ['Whether legal professional privilege in documents about a meeting between plaintiff’s expert and lawyers was waived by failure to object or by the contents of certain emails; Whether subpoenas seeking those documents should be set aside']

Ratio Decidendi

The plaintiff did not waive legal professional privilege as its counsel actively and specifically asserted privilege during cross-examination, and the evidence did not establish any inconsistent conduct or sufficient disclosure of the substance of privileged material. Thus, there was no waiver and the subpoenas should be set aside.

Court Disposition

Application granted. Subpoenas set aside. Costs awarded to applicant.

Orders

  • ['Pursuant to UCPR 33.4, the subpoenas to SCL Crisp Legal Pty Ltd t/as Crisp Legal (filed 6 February 2014) and Dr Andrew Baigent (filed 6 February 2014) are set aside.' "The respondent (third defendant) is to pay the applicant's (plaintiff's) costs of the application."]