Aouad v R; El-Zayet v R [2013] NSWSC 760

Aouad v R; El-Zayet v R [2013] NSWSC 760

Client legal privilege over the document was not waived by the act of the Crown Prosecutor handing it up to the court. The privilege could only be waived by the Director, which did not occur; the conduct was not inconsistent with maintaining confidentiality. The motions fail as privilege subsists.

Parties
First Applicant: Ramzi Aouad; Second Applicant: Naseam El-Zayet; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 June 2013
Procedural Posture
Notice of Motion / Decision on Motions
Outcome
The notices of motion are dismissed.
Legal Topics
Client Legal Privilege, Waiver of Privilege, Functus Officio, Nolle Prosequi
Evidence Client Legal Privilege Waiver of Privilege Functus Officio Nolle Prosequi

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Parties

Ramzi Aouad

First Applicant

Naseam El-Zayet

Second Applicant

Regina

Respondent

Procedural Posture

Notice of Motion / Decision on Motions

Legal Issues

  1. 1 Whether client legal privilege was waived when a document was handed up by the Crown Prosecutor to be filed with the court
  2. 2 Whether the Director of Public Prosecutions is the 'client' and the Deputy Director is an 'Australian lawyer' under the Evidence Act 1995 (NSW)
  3. 3 Whether client legal privilege applies to the document in question

Ratio Decidendi

Client legal privilege over the document was not waived by the act of the Crown Prosecutor handing it up to the court. The privilege could only be waived by the Director, which did not occur; the conduct was not inconsistent with maintaining confidentiality. The motions fail as privilege subsists.

Court Disposition

The notices of motion are dismissed.

Orders

  • Ramzi Aouad's notice of motion is dismissed.
  • Naseam El-Zayet's notice of motion is dismissed.