Trade Practices Commission v Sterling, Robert [1979] FCA 59
The Court found, after reviewing the documents, that they fell within recognised categories of legal professional privilege and thus were privileged from inspection; the respondent's argument that Grant v. Downes confined privilege to documents for the sole purpose of advice or proceedings was rejected, reaffirming other established categories.
- Parties
- Applicant: Trade Practices Commission; Respondent: Robert Sterling
- Jurisdiction
- Australia
- Judgment Date
- 15 June 1979
- Procedural Posture
- Application / Reasons for Judgment Following Inspection of Documents
- Outcome
- Application dismissed
- Legal Topics
- Discovery, Inspection of Documents, Legal Professional Privilege
Case Brief
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Parties
Trade Practices Commission
Applicant
Robert Sterling
Respondent
Procedural Posture
Application / Reasons for Judgment Following Inspection of Documents
Legal Issues
- 1 Whether documents claimed to be privileged are in fact privileged from inspection
- 2 Scope of legal professional privilege under Australian law
Ratio Decidendi
The Court found, after reviewing the documents, that they fell within recognised categories of legal professional privilege and thus were privileged from inspection; the respondent's argument that Grant v. Downes confined privilege to documents for the sole purpose of advice or proceedings was rejected, reaffirming other established categories.
Court Disposition
Application dismissed
Orders
- The application be dismissed.
- Costs of both parties reserved.
Full Case Text
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