The Trust Company Ltd v Visa Global Logistics Pty Ltd (No 3) [2020] NSWSC 1666

Having examined the documents, none fit the agreed description requiring production and thus VISA's claim for privilege is upheld.

Source-derived case information.

Parties: Plaintiff: The Trust Company Limited; Defendant: Visa Global Logistics Pty Ltd
Jurisdiction: Australia
Judgment Date: 23 November 2020
Procedural Posture: Equity Commercial List / Procedural Ruling on Privilege Claim
Outcome: Privilege claim upheld; documents not produced; documents returned to defendant
Legal Topics: Legal Professional Privilege, Waiver of Privilege, Document Production, Rectification of Lease

Evidence Equity Legal Professional Privilege Waiver of Privilege Document Production Rectification of Lease

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

The Trust Company Limited

Plaintiff

Visa Global Logistics Pty Ltd

Defendant

Procedural Posture

Equity Commercial List / Procedural Ruling on Privilege Claim

Legal Issues

1 Whether legal professional privilege over certain documents has been waived by the defendant
2 Whether the identified documents fall within the parties’ agreed description necessitating production

Ratio Decidendi

Having examined the documents, none fit the agreed description requiring production and thus VISA's claim for privilege is upheld.

Court Disposition

Privilege claim upheld; documents not produced; documents returned to defendant

Orders

VISA's claim for privilege is upheld.
The documents will be returned to VISA.

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