Duncan v The Honourable David Andrew Ipp AO QC [2013] NSWSC 247

Duncan v The Honourable David Andrew Ipp AO QC [2013] NSWSC 247

The Notice to Produce was set aside because the 20 December 2012 letter had no relevance to any fact in issue or to the pleaded basis for apparent bias, and because the letter was subject to client legal privilege which had not been waived by publication of the 5 February 2013 letter or Senior Counsel's opinion.

Jurisdiction
Australia
Judgment Date
14 March 2013
Procedural Posture
Notice of Motion to Set Aside a Notice to Produce / Ex Tempore Judgment on Motion
Outcome
The second defendant's motion was granted and the Notice to Produce was set aside.
Legal Topics
['notice to Produce' 'relevance' 'implied Waiver of Client Legal Privilege' 'apparent Bias']
['practice and Procedure' 'client Legal Privilege'] ['notice to Produce' 'relevance' 'implied Waiver of Client Legal Privilege' 'apparent Bias']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside a Notice to Produce / Ex Tempore Judgment on Motion

Legal Issues

  1. 1 ["Whether the letter dated 20 December 2012 from the Commission's solicitor to Senior Counsel was relevant to any issue or fact in issue in the proceedings." "Whether client legal privilege in the letter dated 20 December 2012 had been impliedly waived by reference to that letter in publicly available correspondence and by publication of Senior Counsel's opinion." 'Whether the Notice to Produce dated 12 March 2013 should be set aside.']

Ratio Decidendi

The Notice to Produce was set aside because the 20 December 2012 letter had no relevance to any fact in issue or to the pleaded basis for apparent bias, and because the letter was subject to client legal privilege which had not been waived by publication of the 5 February 2013 letter or Senior Counsel's opinion.

Court Disposition

The second defendant's motion was granted and the Notice to Produce was set aside.

Orders

  • ['The Notice to Produce dated 12 March 2013 and addressed to the second defendant, the Independent Commission Against Corruption, be set aside.' "The plaintiff pay the second defendant's costs of and occasioned by the application."]