Manly Municipal Council v Ward [1997] NSWCA 194

Manly Municipal Council v Ward [1997] NSWCA 194

Privilege in the Markham Report, otherwise applicable, was wholly waived by its tender and acceptance into evidence in public proceedings; such waiver was general and not limited to the original litigation.

Parties
Claimant: Manly Municipal Council; Opponent: Ms Ward
Jurisdiction
Australia
Judgment Date
12 May 1997
Procedural Posture
Leave to Appeal / Supreme Court of New South Wales Court of Appeal Decision on Application for Leave to Appeal
Outcome
leave to appeal refused; summons dismissed with costs
Legal Topics
Subpoena for Production of Documents, Legal Professional Privilege, Waiver of Privilege
Practice and Procedure Evidence Subpoena for Production of Documents Legal Professional Privilege Waiver of Privilege

Case Brief

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Parties

Manly Municipal Council

Claimant

Ms Ward

Opponent

Procedural Posture

Leave to Appeal / Supreme Court of New South Wales Court of Appeal Decision on Application for Leave to Appeal

Legal Issues

  1. 1 Whether privilege in the Markham Report was waived in earlier proceedings and whether such waiver extended to subsequent separate proceedings
  2. 2 Whether s122 of the Evidence Act 1995 was relevant to the existence or extent of any privilege

Ratio Decidendi

Privilege in the Markham Report, otherwise applicable, was wholly waived by its tender and acceptance into evidence in public proceedings; such waiver was general and not limited to the original litigation.

Court Disposition

leave to appeal refused; summons dismissed with costs

Orders

  • Leave to appeal is refused.
  • Summons is dismissed with costs.