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Hodgson v Amcor Ltd (No 4)

Hodgson v Amcor Ltd (No 4)

Case [2011] VSC 269

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AGLC: Hodgson v Amcor Ltd; Amcor Ltd v Barnes (No. 4) [2011] VSC 269
Case: [2011] VSC 269
Decision Date: 16 June 2011

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Orders

Orders of the court

The privilege in the Advice of 19 December 2000 has not been lost. I uphold Mr Hodgson's objection to it being put to him in the course of his cross-examination.

Background

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Evidence

Evidence Before The Court

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Citations

Hodgson v Amcor Ltd; Amcor Ltd v Barnes (No. 4) [2011] VSC 269

Most Recent Citation

Hodgson v Amcor Ltd; Amcor Ltd v Barnes No 7 [2011] VSC 309

Cases Citing This Decision

Jacups v The Fidelity Fund Management Committee of the Law Society of NSW [2022] NSWSC 313
Citation 1

…t as much as primary evidence does. This was touched on, although it seems to me not clearly disposed of, by Vickery J in Hodgson v Amcor Limited [2011] VSC 269, (2011) 32 VR 568, where after referring to Mandie J's judgment in Lindberg, his Honour said (at 5858 [78]): ‘However, these observations made in ASIC v…
Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2018] FCA 760
Citation 2 (Para 20)

…The burden of establishing waiver is on the party seeking to persuade the court that privilege has been lost: Hodgson v Amcor Ltd (No 4) [2011] VSC 269; (2011) 32 VR 568 ( Hodgson v Amcor ) at [14]-[15] per Vickery J. Counsel for 7-Eleven accepted that, pursuant to s 122(2), it bears the evidentiary burden of est…
Re Optimisation Australia Pty Ltd [2016] NSWSC 1581
Citation 3 (Para 37)

…just as much as primary evidence does. This was touched on, although it seems to me not clearly disposed of, by Vickery J in Hodgson v Amcor Limited [2011] VSC 269, (2011) 32 VR 568, where after referring to Mandie J's judgment in Lindberg , his Honour said (at 5858 [78]):…
Re Ninety Mile Beach Pty Ltd [2023] VSC 765
Citation 4 (Para 1)

…clear), it was submitted it is improper and for that reason, the category ought be set aside.[12] [12] Hodgson v Amcor Ltd; Amcor Ltd v Barnes (No 4) [2011] VSC 269, [61] (Vickery J).…
Sugar Australia Pty Ltd v Southern Ocean Pty Ltd [2013] VSC 535
Citation 5

…[2] Hodgson v Amcor Ltd; Amcor Ltd v Barnes (No. 4) [2011] VSC 269, [55]-[60].…
Clarke & Ors v Great Southern Finance Pty Ltd & Ors [2012] VSC 260
Citation 6 (Para 1)

…e JA in ASIC v Lindberg (2009) 25 VR 398 at 406 [46] (“ Lindberg ”); Baker v Campbell (1983) 153 CLR 52 at 67 (Gibbs CJ); Hodgson v Amcor Ltd [2011] VSC 269 at [76]-[81].…
Amcor Ltd v Barnes [2011] VSC 341
Citation 7 (Para 1)

…ge claims. [5]See Hodgson v Amcor Ltd [No 2] [2011] VSC 204 (16 May 2011) (‘Vickery J’s first ruling on privilege’); Hodgson v Amcor Ltd [No 4] [2011] VSC 269 (16 June 2011).…
Hodgson v Amcor Ltd; Amcor Ltd v Barnes No 7 [2011] VSC 309
Citation 8 (Para 1)

…oduced by Mr Hottes, were directed to be produced to the Court. He submitted that s.138 of the Evidence Act is now, and was from that date, spent. [1][2011] VSC 269…

Cases Cited

Statutory Material Cited

Grace v Grace [2010] NSWSC 1514
Citation 1 (Para 1)

…m the privilege was the result of a mistake. The privilege the was determined to have been lost by waiver arising from the solicitor’s conduct. [16][2010] NSWSC 1514.…
Sharjade Pty Ltd v RAAF Landings [2008] NSWSC 151
Citation 2 (Para 1)

…ved, "It is the party who asserts that there has been a waiver who bears the onus of satisfying the court about each of the elements in s 122(2)". [2][2008] NSWSC 151 [at 3(h)]. [3][2005] FSCA 356 at [21]. [4][2007] FSCA 1987 at [8]. [5][2002] NSWSC 215, where at 117.…
Rio Tinto Ltd v Commissioner of Taxation [2006] FCA 1200
Citation 3 (Para 27)

…[6][2006] FCA 1200 at [27].…
Biseja Pty Ltd v NSI Group Pty Ltd [2006] NSWSC 1497
Citation 4

…[18][2006] NSWSC 1497.…
Nine Films and Television Pty Ltd v NINOX Television Ltd [2005] FCA 356
Citation 5 (Para 1)

…equivocal. In this regard, reference is made to the observations of Tamberlin J in Nine Films & Television Pty Ltd v Ninox Television Limited .[9] [9][2005] FCA 356 at [21].…
Stanley v Layne Christensen Co [2004] WASCA 50
Citation 6

…[14][1978] 1 NSWLR 372 at 381.…
Re Doran Constructions Pty Ltd (in liq) [2002] NSWSC 215
Citation 7 (Para 1)

…tisfying the court about each of the elements in s 122(2)". [2][2008] NSWSC 151 [at 3(h)]. [3][2005] FSCA 356 at [21]. [4][2007] FSCA 1987 at [8]. [5][2002] NSWSC 215, where at 117.…
Talbot v NRMA Ltd [2000] NSWSC 602
Citation 8 (Para 1)

…ely Talbot v NRMA Ltd ,[10] Bulk Materials (Coal Handling) Services Pty Ltd v Coal and Allies Operations Pty Ltd ,[11] and Lakatoi v Walker [12]. [10][2000] NSWSC 602. [11][1988] 13 NSWLR 689. [12][1999] NSWSC 156.…
Mann v Carnell [1999] HCA 66
Citation 9

…[7][1999] HCA 66 at p.13.…
Lakatoi v Walker [1999] NSWSC 156
Citation 10 (Para 1)

…l Handling) Services Pty Ltd v Coal and Allies Operations Pty Ltd ,[11] and Lakatoi v Walker [12]. [10][2000] NSWSC 602. [11][1988] 13 NSWLR 689. [12][1999] NSWSC 156.…
BT Australasia Pty Ltd v State of New South Wales [1996] FCA 903
Citation 11

…[17][1997] 75 FCR 511.…
Hodgson v Amcor Ltd (No 2) [2011] VSC 204
Citation 12 (Para 1)

…the administration of justice. In this respect reference is made to the recently decided case in this proceeding, Hodgson v Amcor Ltd (No.2) .[8] [8][2011] VSC 204 at [14-16].…

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