Carey v Korda

The case of Carey v Korda [2012] WASCA 228 (S) involved an appeal against a decision by Edelman J in which he upheld a claim for legal professional privilege in respect of certain documents. The Court of Appeal found that the claim for privilege was not properly made, and set aside the orders made by the primary judge. The court considered whether to remit the matter to the primary judge or to order production of the documents, and whether the first respondents should be allowed to adduce further evidence. The court concluded that it was inappropriate to order the production of the documents and that the first respondents should be given the opportunity to adduce further evidence. The court also considered the costs, and ordered that the first respondents pay 75% of the appellants' costs of and incidental to the proceedings. The orders of the court were that leave to appeal be granted, the appeal be allowed in part, the orders of the primary judge be set aside, and the matter be remitted for further evidence to be adduced.