Ventouris Enterprises Pty Ltd v Dib Group Pty Ltd & Anor (No.1) [2009] NSWSC 1320

Ventouris Enterprises Pty Ltd v Dib Group Pty Ltd & Anor (No.1) [2009] NSWSC 1320

By adducing Mr Macree’s evidence about his communications with Mr John Dib, the defendants waived privilege in those communications insofar as they relate to notice of the hearing. Those parts of the emails relevant to the issue of notice must be made available to the plaintiff.

Jurisdiction
Australia
Judgment Date
28 October 2009
Procedural Posture
Application / Interlocutory
Outcome
Defendant required to make available emails to the plaintiff to the extent provided for in this judgment.
Legal Topics
['privilege' 'waiver of Privilege' 'production of Documents']
['evidence' 'equity'] ['privilege' 'waiver of Privilege' 'production of Documents']

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Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 ['Whether legal professional privilege in certain emails has been waived by the defendant.' 'Whether parts of emails should be made available to the plaintiff under s 36 of the Evidence Act 1995 (NSW).']

Ratio Decidendi

By adducing Mr Macree’s evidence about his communications with Mr John Dib, the defendants waived privilege in those communications insofar as they relate to notice of the hearing. Those parts of the emails relevant to the issue of notice must be made available to the plaintiff.

Court Disposition

Defendant required to make available emails to the plaintiff to the extent provided for in this judgment.

Orders

  • ['Parts of two specified emails from Mr Basil Macree to Mr John Dib are to be made available to the plaintiff.']