Trackcorp Adrenalin Pty Ltd v Bathurst Regional Council (No 2) [2013] NSWSC 1701

Trackcorp Adrenalin Pty Ltd v Bathurst Regional Council (No 2) [2013] NSWSC 1701

Disclosure of the report containing the substance of legal advice constituted waiver only in relation to the letter of advice itself and not to surrounding instructions or responses; leave to issue a subpoena is granted limited to non-privileged documents (paragraph 3).

Parties
Plaintiff: Trackcorp Adrenalin Pty Ltd; Defendant: Bathurst Regional Council
Jurisdiction
Australia
Judgment Date
19 November 2013
Procedural Posture
Procedural and Other Rulings / Application for Leave to Issue Subpoena
Outcome
Leave granted to plaintiff to issue subpoena limited to paragraph 3.
Legal Topics
Client Legal Privilege, Waiver of Privilege, Subpoena, Relevance of Documents
Evidence Client Legal Privilege Waiver of Privilege Subpoena Relevance of Documents

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Parties

Trackcorp Adrenalin Pty Ltd

Plaintiff

Bathurst Regional Council

Defendant

Procedural Posture

Procedural and Other Rulings / Application for Leave to Issue Subpoena

Legal Issues

  1. 1 Whether voluntary disclosure of legal advice constitutes waiver of client legal privilege under s 122(2) Evidence Act 1995
  2. 2 Extent of waiver—whether privilege lost only in substance of advice or also in related instructions/documents

Ratio Decidendi

Disclosure of the report containing the substance of legal advice constituted waiver only in relation to the letter of advice itself and not to surrounding instructions or responses; leave to issue a subpoena is granted limited to non-privileged documents (paragraph 3).

Court Disposition

Leave granted to plaintiff to issue subpoena limited to paragraph 3.

Orders

  • Leave granted to issue subpoena containing proposed paragraph 3.
  • Subpoena to be made returnable at 10.00am on 20 November 2013.