Rabbi Cohen Hallaleh v Cyril Rosenbaum Synagogue and anor [2004] NSWIRComm 51

Rabbi Cohen Hallaleh v Cyril Rosenbaum Synagogue and anor [2004] NSWIRComm 51

There was an express waiver of privilege over the 29 September 2002 letter annexed to the applicant's affidavit, but there was no basis to infer or impute waiver over the other documents because the Board of Management had determined on 30 September 2002 to terminate the applicant's employment and there was no evidence that any advice from Mr Wallach had affected the applicant's state of mind in responding to the Board's ultimatum before that date.

Jurisdiction
Australia
Judgment Date
24 March 2004
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment Concerning Legal Professional Privilege and a Summons for Production
Outcome
The motion is dismissed; costs are reserved; liberty to apply with respect to costs.
Legal Topics
['unfair Contract' 'legal Professional Privilege' 'waiver of Privilege' 'summons for Production']
['industrial Relations' 'evidence'] ['unfair Contract' 'legal Professional Privilege' 'waiver of Privilege' 'summons for Production']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment Concerning Legal Professional Privilege and a Summons for Production

Legal Issues

  1. 1 ['Whether documents sought by a summons for production issued to Mr Irving Wallach were subject to legal professional privilege.' 'Whether privilege over documents other than the annexed 29 September 2002 letter had been waived.' "Whether there was a relevant nexus between the privileged material and the applicant's state of mind, and whether that state of mind was relevant to an issue or likely issue in the proceedings."]

Ratio Decidendi

There was an express waiver of privilege over the 29 September 2002 letter annexed to the applicant's affidavit, but there was no basis to infer or impute waiver over the other documents because the Board of Management had determined on 30 September 2002 to terminate the applicant's employment and there was no evidence that any advice from Mr Wallach had affected the applicant's state of mind in responding to the Board's ultimatum before that date.

Court Disposition

The motion is dismissed; costs are reserved; liberty to apply with respect to costs.

Orders

  • ['The motion is dismissed.' 'Costs are reserved.' 'Liberty to apply with respect to costs.']