Glencore International AG v Commissioner of TaxationCitation:[2019] HCA 26Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:14 Aug 2019Case Number:S256/2018Read more
Legal professional privilege does not, by itself, create an actionable legal right entitling a party to injunctive relief; a cause of action such as breach of confidence is required.
- Parties
- Plaintiff: Plaintiffs; Defendant: Defendants
- Jurisdiction
- Australia
- Judgment Date
- 14 August 2019
- Procedural Posture
- Civil / Judgment
- Outcome
- Plaintiffs' claim dismissed
- Legal Topics
- Legal Professional Privilege, Injunctive Relief, Actionable Legal Right, Breach of Confidence
Case Brief
Summary, issues, holding and outcome
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Parties
Plaintiffs
Plaintiff
Defendants
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether legal professional privilege is an actionable legal right or merely an immunity
- 2 Whether plaintiffs are entitled to injunctive relief solely on the basis of legal professional privilege
- 3 Whether policy considerations justify the creation of a new actionable right for documents subject to legal professional privilege
Ratio Decidendi
Legal professional privilege does not, by itself, create an actionable legal right entitling a party to injunctive relief; a cause of action such as breach of confidence is required.
Court Disposition
Plaintiffs' claim dismissed
Orders
- Plaintiffs' application for injunctive relief dismissed
Full Case Text
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