FEDERAL COURT OF AUSTRALIA
DSE (Holdings) Pty Limited v Intertan Inc [2003] FCA 384
EVIDENCE – practice – legal professional privilege – alleged implied waiver by pleading in a defence – extent of operation of any relevant waiver
Telstra Corporation Ltd v BT Australasia Pty Ltd (1998) 85 FCR 152 considered
Mann v Carnell (1999) 201 CLR 1 considered and applied
Perpetual Trustees (WA) Ltd v Equuscorp Pty Ltd [1999] FCA 925 (Full Court) considered
Fort Dodge Australia Pty Ltd v Nature Vet Pty Ltd [2002] FCA 501 considered
BP Australia Pty Limited v Nyran Pty Ltd [2002] FCA 1302 (per Nicholson J) referred to
Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49 applied
Lillicrap v Nalder & Son [1993] 1 WLR 94 considered
Nederlandse Reassurantie Groep Holding NV v Bacon & Woodrow [1995] 1 All ER 976 considered
Kershaw v Whelan [1996] 1 WLR 358 considered
Paragon Finance Plc v Freshfields [1999] 1 WLR 1183 considered
Hayes v Dowding [1996] PNLR 578 referred to
Thomason v The Council of the Municipality of Campbelltown (1939) 39 SR (NSW) 347 considered
In re Coomber [1911] 1 Ch. 723 referred to
Inche Noriah v Shaik Allie Bin Omar [1929] A.C. 127 referred to
Barilla v James (1964) 81 WN (Pt 1) (NSW) 457 considered
United States Surgical Corp v Hospital Products International Pty Limited (McLelland J unreported 11 October 1981, Equity Division No 2094/81) considered
Standard Chartered Bank of Australia Ltd v Antico (1993) 36 NSWLR 87 considered
Attorney General (NT) v Maurice (1986) 161 CLR 475 referred to
Ampolex Limited v Perpetual Trustee Co (Canberra) Limited (1995) 37 NSWLR 405 considered
Benecke v National Australia Bank (1993) 35 NSWLR 110 referred to
Torcasio Developments Pty Ltd v Country Park Developments Pty Ltd (Byrne J Supreme Court of Victoria, 9 September 1991) referred to
Bayliss v Cassidy (No 2) [2000] 1 Qd R 464 considered
Hongkong Bank of Australia Ltd v Murphy [1993] 2 VR 419 referred to
Farrow Mortgage Services Pty Ltd v Webb 39 (1996) NSWLR 601 referred to
Southern Equities Corporation Ltd (In Liq) v Arthur Andersen & Co (1997) 70 SASR 166 referred to
Data Access Corporation v Powerflex Services Pty Ltd [1994] AIPC 91-112 not followed
Wardrope v Dunne [1996] 1 Qd R 224 not followed
Liquorland (Australia) Pty Ltd v Anghie [2003] VSC 73 referred to
Goldberg v Ng (1995) 185 CLR 83 referred to
Adelaide Steamship Co Ltd v Spalvins (1998) 81 FCR 360 considered
Akins v Abigroup Ltd (1998) 43 NSWLR 539 referred to
Esso Australia Resources Limited v Federal Commissioner of Taxation (1998) 83 FCR 511 referred to
Equuscorp Pty Ltd v Kamisha Corp Ltd (1999) ATPR 41-697 considered
John Tanner Holdings Pty Ltd v Mortgage Management Ltd (2001) 182…
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- Case
- [2003] FCA 384
- Decision Date
CaseChat Overview and Summary
The court's reasoning was that the relevance of a communication to the formation of a state of mind is not dependent on its relevance to the suit that contains the issue of the formation of the state of mind. The court held that the earlier communications relevant to formation of the state of mind may be scrutinized, but the later communications about preparing the case were not. The court found that the pleading of the state of mind may throw open to scrutiny the earlier communications relevant to formation of the state of mind; however, they did not throw open for scrutiny the later communications about preparing the case.
The court dismissed paragraphs numbered one in the notices of motion filed by both the applicant and the respondents. The balance of the motions, including any question of costs, stood over to a date to be fixed. The court also extended the time for filing of any application for leave to appeal from these orders or any of them to seven days from the pronouncement of judgment on the balance of the orders sought in both of the notices of motion referred to above.
Orders
Orders of the court
1. Paragraph numbered one in the notice of motion filed by the applicant, dated 10 February 2003 and filed in Court on 11 February 2003, be dismissed.
2. Paragraph numbered one in the notice of motion filed by the respondent, dated 10 February 2003 and filed in Court on 11 February 2003, be dismissed.
3. The balance of the said motions (including any question of costs) stand over to a date to be fixed.
4. Subject to further order, the time for filing of any application for leave to appeal from these orders or any of them be extended to seven days from the pronouncement of judgment on the balance of the orders sought in both of the notices of motion referred to above.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: ALLSOP J
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