Wimmera Industrial Minerals Pty Ltd v RGC Mineral Sands Ltd RGC Mineral Sands Ltd v Wimmera Industrial Minerals Pty Ltd & Anor [1997] FCA 1335

Wimmera Industrial Minerals Pty Ltd v RGC Mineral Sands Ltd RGC Mineral Sands Ltd v Wimmera Industrial Minerals Pty Ltd & Anor [1997] FCA 1335

Privilege was not waived: neither affidavit paragraph amounts to consent or sets out the substance/effect of the communications; section 126 is not triggered as no primary document fits; even if common law survives, the advice is not in issue as required.

Jurisdiction
Australia
Judgment Date
17 September 1997
Procedural Posture
Interlocutory Motion / Hearing of Amendment Motion
Outcome
Applicant's refusal to produce documents upheld
Legal Topics
['privilege' 'document Production' 'discovery' 'interlocutory Applications']
['evidence Law' 'civil Procedure'] ['privilege' 'document Production' 'discovery' 'interlocutory Applications']

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Procedural Posture

Interlocutory Motion / Hearing of Amendment Motion

Legal Issues

  1. 1 ['Whether privilege over certain documents has been waived by affidavits' 'Whether sections 122 and 126 of the Evidence Act 1995 apply to compel production' 'Applicability of common law principles post-Evidence Act']

Ratio Decidendi

Privilege was not waived: neither affidavit paragraph amounts to consent or sets out the substance/effect of the communications; section 126 is not triggered as no primary document fits; even if common law survives, the advice is not in issue as required.

Court Disposition

Applicant's refusal to produce documents upheld

Orders

  • ["Applicant is not required to produce the documents identified by Mr Catterns' list."]