Kang v Kwan & 2 Ors [2001] NSWSC 697

Kang v Kwan & 2 Ors [2001] NSWSC 697

The application to exclude documents failed because the order granting access was valid and not challenged; the alleged claim of privilege was insufficient and not communicated in time; privilege was lost as the documents were no longer confidential and had been used in Court; and, after inspecting the documents under s133, the Court was satisfied that s125 did not preclude adducing the evidence.

Jurisdiction
Australia
Judgment Date
16 August 2001
Procedural Posture
Equity / Interlocutory Application to Exclude Evidence (ex Tempore Judgment)
Outcome
Application to have PX6 documents withdrawn from evidence declined; withdrawal of concession by Mrs Champion not allowed.
Legal Topics
['legal Professional Privilege' 'admissibility of Evidence' 'inadvertent Disclosure' 'privilege—waiver and Loss' 'supreme Court Procedure']
['evidence' 'equity'] ['legal Professional Privilege' 'admissibility of Evidence' 'inadvertent Disclosure' 'privilege—waiver and Loss' 'supreme Court Procedure']

Case Brief

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Procedural Posture

Equity / Interlocutory Application to Exclude Evidence (ex Tempore Judgment)

Legal Issues

  1. 1 ['Whether documents produced under court order remain privileged when former clients are out of jurisdiction and privilege is not explicitly claimed' 'Whether documents subject to potential privilege can be adduced under s122 or s125 of Evidence Act 1995' 'Whether evidence should be excluded as unfairly prejudicial under s135 of Evidence Act']

Ratio Decidendi

The application to exclude documents failed because the order granting access was valid and not challenged; the alleged claim of privilege was insufficient and not communicated in time; privilege was lost as the documents were no longer confidential and had been used in Court; and, after inspecting the documents under s133, the Court was satisfied that s125 did not preclude adducing the evidence.

Court Disposition

Application to have PX6 documents withdrawn from evidence declined; withdrawal of concession by Mrs Champion not allowed.

Orders

  • ['The documents in PX6 are not withdrawn from evidence.' "Mrs Champion's earlier concession regarding documents may not be withdrawn."]