Anpor Holdings Pty Limited v Frederick Swaab (trading as Swaab Attorneys)

Anpor Holdings Pty Limited initiated legal proceedings against Frederick Swaab, trading as Swaab Attorneys, in the Federal Circuit Court. The dispute centred around the assertion by Anpor Holdings that Frederick Swaab had breached legal professional privilege by disclosing confidential communications to a third party. Anpor Holdings sought compensation for the alleged breach. Frederick Swaab, in turn, argued that the claim was inconsistent with Anpor Holdings' previous conduct and sought to have the claim dismissed on that basis.

The court was tasked with determining whether the plaintiff had waived the privilege by virtue of their conduct and whether maintaining the claim was inconsistent with their previous actions. This involved examining the nature and extent of the communications at issue, the circumstances surrounding their disclosure, and any relevant conduct by the plaintiff that might have indicated a waiver of privilege. The court also considered whether the plaintiff's actions were consistent with their current claim for breach of professional privilege.

The Federal Circuit Court held that Frederick Swaab had not waived professional privilege, and there was no inconsistency in Anpor Holdings' conduct that would render the maintenance of the claim unjust. The court found that the communications in question were indeed privileged and that there was no evidence to suggest that Anpor Holdings had waived the privilege through their actions. Consequently, the court dismissed Frederick Swaab's application for the claim to be struck out. The case proceeded to the merits, allowing Anpor Holdings to pursue their claim for breach of professional privilege.