Trackcorp Adrenalin Pty Ltd v Bathurst Regional Council [2013] NSWSC 1699

Trackcorp Adrenalin Pty Ltd v Bathurst Regional Council [2013] NSWSC 1699

The defendant did not, by its correspondence or submissions, act inconsistently with objecting to the production of privileged instructions underlying legal submissions, and thus privilege was not lost under s 122(2) of the Evidence Act 1995.

Parties
Plaintiff: Trackcorp Adrenalin Pty Ltd; Defendant: Bathurst Regional Council
Jurisdiction
Australia
Judgment Date
19 November 2013
Procedural Posture
Equity Division Proceeding / Procedural Motion Regarding Notice to Produce
Outcome
Application upheld in part; privilege maintained
Legal Topics
Client Legal Privilege, Waiver of Privilege, Notice to Produce
Evidence Client Legal Privilege Waiver of Privilege Notice to Produce

Case Brief

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Parties

Trackcorp Adrenalin Pty Ltd

Plaintiff

Bathurst Regional Council

Defendant

Procedural Posture

Equity Division Proceeding / Procedural Motion Regarding Notice to Produce

Legal Issues

  1. 1 Whether the defendant has waived client legal privilege over instructions to legal representatives relevant to submissions made regarding track hire fees

Ratio Decidendi

The defendant did not, by its correspondence or submissions, act inconsistently with objecting to the production of privileged instructions underlying legal submissions, and thus privilege was not lost under s 122(2) of the Evidence Act 1995.

Court Disposition

Application upheld in part; privilege maintained

Orders

  • The defendant is not required to produce documents in answer to paragraph 1 of the Notice to Produce dated 21 October 2013 insofar as the paragraph calls for the production of documents to which client legal privilege attaches.