Michael Wilson and Partners Limited v Robert Colin Nicholls

Michael Wilson and Partners Limited, a firm of solicitors, sued Robert Colin Nicholls, their former employee, for breach of fiduciary duty, breach of contract, and conversion. The dispute centred around the production of documents, specifically whether certain documents were subject to legal professional privilege. The case was heard in the Supreme Court of New South Wales. The court had to decide whether certain documents were protected by legal professional privilege and if so, whether that privilege had been waived. The court also had to consider the effect of the Evidence Act 1995 on ancillary matters before the court, as well as the implications of changes to the rules concerning pre-trial inspection of documents in New South Wales.

The court examined the nature of legal professional privilege, determining whether it applies to advice given by foreign lawyers and whether the privilege constitutes a substantive right. The court found that legal professional privilege does indeed apply to advice from foreign lawyers and that it is a substantive right. The onus of proof for asserting legal professional privilege lies with the party claiming it. The court also considered whether the privilege had been waived by the solicitors and whether the privilege applied to the notices to produce documents. The court ruled that the privilege had not been waived and that it applied to the notices as well.

The court found that the privilege was not waived by the solicitors and that it applied to the notices to produce documents. The court also determined that the Evidence Act 1995 applied to matters ancillary to the proceedings before the court. The court held that the changes to the rules concerning pre-trial inspection of documents in New South Wales did not affect the application of legal professional privilege in this case. The final orders of the court included a direction that the documents in question remain subject to legal professional privilege and that they were not to be disclosed to the opposing party.