Norman v Wall (No. 4) [2020] NSWSC 999

Norman v Wall (No. 4) [2020] NSWSC 999

The email was a confidential and privileged communication inadvertently disclosed; privilege was not waived by the accidental disclosure. Plaintiffs were required to deliver up and destroy all copies and confirm compliance, per the continuing obligations under the Harman undertaking.

Jurisdiction
Australia
Judgment Date
27 July 2020
Procedural Posture
Notice of Motion / Procedural Ruling on Disclosure and Costs
Outcome
Orders made to deliver up, delete, and confirm destruction of confidential email; costs order against first plaintiff.
Legal Topics
['accidental Disclosure' 'confidential Information' 'legal Professional Privilege' 'harman Undertaking']
['civil Procedure'] ['accidental Disclosure' 'confidential Information' 'legal Professional Privilege' 'harman Undertaking']

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Procedural Posture

Notice of Motion / Procedural Ruling on Disclosure and Costs

Legal Issues

  1. 1 ['Whether confidential communication inadvertently disclosed should be returned and destroyed' 'Whether legal professional privilege was waived by accidental disclosure' 'Obligations of parties under the Harman undertaking regarding disclosed documents']

Ratio Decidendi

The email was a confidential and privileged communication inadvertently disclosed; privilege was not waived by the accidental disclosure. Plaintiffs were required to deliver up and destroy all copies and confirm compliance, per the continuing obligations under the Harman undertaking.

Court Disposition

Orders made to deliver up, delete, and confirm destruction of confidential email; costs order against first plaintiff.

Orders

  • ["First and second plaintiffs must deliver up all hard copies of the email to defendant's solicitors." 'First and second plaintiffs must delete all electronic copies of the email.' "First and second plaintiffs must provide written confirmation of compliance to the defendant's solicitors within 7 days." "First...