Mitic v OZ Minerals Limited [2015] FCA 1152

Mitic v OZ Minerals Limited [2015] FCA 1152

Legal professional privilege is upheld over the seven representative documents, save for passages in Documents 2 and 6 where OZ Minerals undertook to unredact statements, as privilege over those facts was arguably waived; privilege was not waived for the remaining redacted parts, as they did not fall within the scope of issues in dispute relating to Clayton Utz or were not relevant to the pleaded case.

Jurisdiction
Australia
Judgment Date
28 October 2015
Procedural Posture
Representative Proceeding; Ancillary Cross Claims / Interlocutory Order Concerning Claims of Legal Professional Privilege
Outcome
Privilege claims upheld subject to partial undertakings to unredact specified facts; no order as to costs between Mr Mitic and OZ Minerals; costs reserved as to Allens' challenge to Zinifex claims.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'discovery' 'costs' 'continuous Disclosure' 'misleading or Deceptive Conduct']
['evidence' 'civil Procedure'] ['legal Professional Privilege' 'waiver of Privilege' 'discovery' 'costs' 'continuous Disclosure' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Representative Proceeding; Ancillary Cross Claims / Interlocutory Order Concerning Claims of Legal Professional Privilege

Legal Issues

  1. 1 ['Whether certain documents are protected by legal professional privilege' 'Whether privilege has been waived' 'Whether communications with third parties can be claimed as privileged' 'Whether privilege claims are clear and sufficiently substantiated']

Ratio Decidendi

Legal professional privilege is upheld over the seven representative documents, save for passages in Documents 2 and 6 where OZ Minerals undertook to unredact statements, as privilege over those facts was arguably waived; privilege was not waived for the remaining redacted parts, as they did not fall within the scope of issues in dispute relating to Clayton Utz or were not relevant to the pleaded case.

Court Disposition

Privilege claims upheld subject to partial undertakings to unredact specified facts; no order as to costs between Mr Mitic and OZ Minerals; costs reserved as to Allens' challenge to Zinifex claims.

Orders

  • ['By 10 November 2015, OZ Minerals and Zinifex to serve a list of further Challenged Documents where privilege claims are no longer pressed.' "All Challenging Parties have liberty to apply, on two business days' notice, for the matter to be relisted for determination of any remaining privilege claims per Order 10 of...