Oztech Pty Ltd v The Public Trustee of Queensland (No 5) [2016] FCA 333

Oztech Pty Ltd v The Public Trustee of Queensland (No 5) [2016] FCA 333

Oztech failed to establish that privilege was waived over communications other than those relating to advice on steps to be taken from February 2008. There was no inconsistency between the Public Trustee's defence and the maintenance of privilege over advice relating to his past conduct, general advice, or legal advice provided by the Official Solicitor. There was insufficient evidence to conclude the advice in question affected the Public Trustee’s state of mind as required for issue waiver.

Jurisdiction
Australia
Judgment Date
24 March 2016
Procedural Posture
Interlocutory Application / Reasons for Judgment After Interlocutory Hearing
Outcome
Application by Oztech dismissed; privilege claims upheld
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'in House Legal Advice' 'common Interest Privilege' 'joint Privilege']
['evidence' 'corporations Law'] ['legal Professional Privilege' 'waiver of Privilege' 'in House Legal Advice' 'common Interest Privilege' 'joint Privilege']

Case Brief

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Procedural Posture

Interlocutory Application / Reasons for Judgment After Interlocutory Hearing

Legal Issues

  1. 1 ['Whether the Public Trustee of Queensland had waived legal professional privilege in certain communications with his lawyers' 'Whether communications between the Public Trustee and the State of Queensland were protected by common interest or joint privilege' "Whether privilege attached to legal advice provided by the Public Trustee's in-house lawyer (the Official Solicitor)" 'Whether privilege had been waived in legal advice relating to past conduct']

Ratio Decidendi

Oztech failed to establish that privilege was waived over communications other than those relating to advice on steps to be taken from February 2008. There was no inconsistency between the Public Trustee's defence and the maintenance of privilege over advice relating to his past conduct, general advice, or legal advice provided by the Official Solicitor. There was insufficient evidence to conclude the advice in question affected the Public Trustee’s state of mind as required for issue waiver.

Court Disposition

Application by Oztech dismissed; privilege claims upheld

Orders

  • ['The parties are to bring in short minutes of order by 1 April 2016 giving effect to these reasons.' "Oztech is to pay the Public Trustee's costs."]