RinRim Pty Ltd v Deutsche Bank Australia Limited & Ors [2013] NSWSC 1654

RinRim Pty Ltd v Deutsche Bank Australia Limited & Ors [2013] NSWSC 1654

Disclosure by the plaintiff was limited to the recommendation of counsel and did not extend to the reasoning or prospects of success expressed in the 'Memorandum of Advice', which remained privileged. There was no inconsistency, knowing waiver, or reasonable necessity warranting disclosure under ss 122(2), 122(3), or 126 of the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
11 November 2013
Procedural Posture
Interlocutory Application / Preliminary Discovery, Interlocutory Motion for Privilege
Outcome
Application for continued privilege in the 'Memorandum of Advice' upheld.
Legal Topics
['client Legal Privilege' 'waiver of Privilege' 'preliminary Discovery' 'disclosure of Legal Advice']
['evidence Law' 'civil Procedure'] ['client Legal Privilege' 'waiver of Privilege' 'preliminary Discovery' 'disclosure of Legal Advice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Preliminary Discovery, Interlocutory Motion for Privilege

Legal Issues

  1. 1 ["Whether client legal privilege in the 'Memorandum of Advice' dated 16 August 2013 was waived under ss 122(2), 122(3), or 126 of the Evidence Act 1995 by the plaintiff's conduct or disclosure."]

Ratio Decidendi

Disclosure by the plaintiff was limited to the recommendation of counsel and did not extend to the reasoning or prospects of success expressed in the 'Memorandum of Advice', which remained privileged. There was no inconsistency, knowing waiver, or reasonable necessity warranting disclosure under ss 122(2), 122(3), or 126 of the Evidence Act 1995.

Court Disposition

Application for continued privilege in the 'Memorandum of Advice' upheld.

Orders

  • ["Until further order of the Court, the defendants be refused access to the document entitled 'Memorandum of Advice' dated 16 August 2013 produced by the plaintiff to the Court pursuant to the Notice to Produce dated 3 October 2013." "The defendants (other than the third defendant) pay the plaintiff's costs of the...