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QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd

QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd

Case [2013] VSC 695

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AGLC: QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695
Case: [2013] VSC 695
Decision Date: 12 December 2013

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Citations

QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695

Most Recent Citation

Vic Kids Property Pty Ltd v Kritsonis [2018] VCC 891

Cases Citing This Decision

Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 45
Citation 1 (Para 16)

…of Forrest J in French v Triple M Melbourne Pty Ltd [2008] VSC 547 and Digby J in QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695, to contend that an exchange of information formulated by solicitors on instructions (whether from a client or a third party) did not, without more, provid…
Percival v Bare (Privilege Ruling) [2021] VSC 135
Citation 2 (Para 1)

…5, [58], [60] (‘ Lactalis ’). [16]See, eg, Perton v Walters (2018) 56 VR 306, [49]; Lactalis [2013] VSC 475, [29]-[30]. See also QUBE Logistics [2013] VSC 695, [73], [92], [102].…
Fonterra Brands Australia Pty Ltd v Bega Cheese Ltd (No 4) [2020] VSC 16
Citation 3 (Para 1)

…es tend to focus upon the conduct of parties in the course of litigation.[7] [6]See QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695 [127]. [7]See, for example, Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341.…
The Oswal matters – pre trial discovery and privilege applications [2016] VSC 386
Citation 4

…nd (3)(b) – QUBE Logistics (Vic) Pty Ltd v Wimmera Container Hire Pty Ltd [2013] VSC 695 followed. --- RULING NO 3 PRACTICE AND PROCEDURE – Discovery – Civil Procedure Act 2010 (Vic) s 55 (2)(b) – Claim that party should be relieved from its discovery obligations on the basis that claim against it untenable in fa…
Australian Commercial Doors Pty Ltd v Anthony Close [2015] VSC 553
Citation 5

…t for determining disclosure of the substance of the evidence — QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695 and Lactalis Jindi Pty Ltd & anor v Jindi Cheese Pty Ltd & ors [2013] VSC 475 applied — Disclosure of information pursuant to a protocol for the provision of information reg…
DC Payments Australasia v Vic Hotel Pty Ltd [2014] VSC 535
Citation 6

…[9] Hodgson v Amcor Ltd (No 4) (2011) 32 VR 568, [13]-[15]; QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695, [20].…
The Presbyterian Church of Victoria Trusts Corporation v Anstee [2014] VSC 426
Citation 7 (Para 1)

…lied in Hannaford [20]. For a Victorian illustration see the decision of Digby J in QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695.…
Behan v Melbourne Health [2021] VCC 44
Citation 8

…o Ltd (1996) 40 NSWLR 12; Sovereign Motor Inns Pty Ltd v Bevillesta [2000] NSWSC 521; QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695; French v Triple M Melbourne Pty Ltd (Ruling No 1) [2008] VSC 547; Meltend Pty Ltd v Restoration Clinics of Australia Pty Ltd [1997] FCA…
Vic Kids Property Pty Ltd v Kritsonis [2018] VCC 891
Citation 9 (Para 2)

…een waived then the disclosed documents must be returned and copies destroyed.[30] [28] QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695 per AsJ Derham. [29] Spedley Securities Ltd (in liq) v Bank of New Zealand (1991) 26 NSWLR 711. [30] INSTIL Group Inc v Zahoor [2003] 2 ALLER 252.…

Cases Cited

Statutory Material Cited

Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46
Citation 1 (Para 1)

…d inadvertently and asserted an entitlement to retain the disputed documents arguing that any privilege attaching to them had been waived. [137](2013) 303 ALR 199.…
Tsueneaki v Stewart [2013] ACTCA 34
Citation 2

…sue of waiver should never have been raised. … In Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 at 211 [92]- [93], 213 [98]; [2009] HCA 27, it was pointed out that case management is an accepted aspect of the system of civil justice administered by the courts in Au…
Armstrong Strategic Management and Marketing Pty Ltd v Expense Reduction Analysts Group Pty Ltd [2012] NSWCA 430
Citation 3

…ch as to impose an obligation of conscience upon them Armstrong Strategic Management and Marketing Pty Ltd v Expense Reduction Analysts Group Pty Ltd (2012) 295 ALR 348 at 386-387 [165]-[167]. The test applied by his Honour to determine that question was whether “a reasonable solicitor in the position of Ms Marshall…
ROSE & BAUDIN [2012] FamCAFC 171
Citation 4 (Para 1)

…ht to have been given in the first instance: Fox v Percy. [1] The appeal court may, where appropriate, do so in reliance on further evidence.[2] [1](2003) 214 CLR 118, [22] - [23]. [2] Supreme Court Rules , r 77.06.9(3).…
Fenwick v Wambo Coal Pty Ltd (No 2) [2011] NSWSC 353
Citation 5 (Para 1)

…act that disclosure has occurred and such disclosure was both knowing and voluntary.[46] [44] Submissions of WCL (dated 22 August 2013), [2]. [45][2011] NSWSC 353. [46] Submissions of WCL (dated 22 August 2013), [15]-[17].…
Osland v Secretary to the Department of Justice [2010] HCA 24
Citation 6 (Para 1)

…fied that WCL is able to identify any conduct on the part of the privilege holder which is inconsistent with its maintenance of privilege. [85][2008] 234 CLR 275, [13].…
Priceline Pty Ltd v JHY Nominees Pty Ltd [2010] VSCA 129
Citation 7 (Para 1)

…Nominees and Ors Pty Ltd [112] to argue what should constitute disclosure of the substance of the evidence. [111] (2004) 140 FCR 101, [65]-[68]. [112][2010] VSCA 129, [33].…
Delaney and Delaney and Ors [2009] FamCA 752
Citation 8 (Para 1)

…; see Mann v Carnell. [87] However, I do not base my decision in this matter upon this observation as to probable unfairness on one scenario. [87](1999) 201 CLR 1, [28]-[32].…
Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27
Citation 9

…parties. The issue of waiver should never have been raised. … In Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 at 211 [92]- [93], 213 [98]; [2009] HCA 27, it was pointed out that case management is an accepted aspect of the system of civil justice administered…
Osland v Secretary, Department of Justice [2008] HCA 37
Citation 10

…[128](2008) 234 CLR 275,…
Sharjade Pty Ltd v RAAF Landings [2008] NSWSC 151
Citation 11

…en lost. In this case that party is Amcor. [22] [20]Reasons [10]. [21](2011]) 32 VR 568. [22]Ibid [15]. See also Sharjade Pty Ltd v RAAF Landings [2008] NSWSC 151, [21].…
Dunstan v Orr [2008] FCA 31
Citation 12

…[102] Sovereign v Bevillesta [2000] NSWSC 521, [23]; Boensch v Pascoe [2007] FCA 532, [38]; Dunstan v Orr [2008] FCA 31, [145].…
Boensch v Pascoe [2007] FCA 532
Citation 13

…[102] Sovereign v Bevillesta [2000] NSWSC 521, [23]; Boensch v Pascoe [2007] FCA 532, [38]; Dunstan v Orr [2008] FCA 31, [145].…
Crisp v G.S.F Australia Pty Ltd, in the matter of Foodlife Inventory Holdings Pty Ltd (in liq) [2006] FCA 1682
Citation 14

…Full Federal Court judged that there was inconsistency and hence waiver; in British American Tobacco Australia Services Ltd v Cowell [2002] VSCA 197; (2002) 7 VR 524 (discussed below), this court judged that there was not. In each case, there was a disclosure of the gist or substance of advice given. That opposite…
Bennett v Chief Executive Officer of the Australian Customs Service [2004] FCAFC 237
Citation 15

…[58][2004] 140 FCR 101, [65] and [68].…
British American Tobacco Australia Services Ltd v Cowell [2002] VSCA 197
Citation 16

…majority of the Full Federal Court judged that there was inconsistency and hence waiver; in British American Tobacco Australia Services Ltd v Cowell [2002] VSCA 197; (2002) 7 VR 524 (discussed below), this court judged that there was not. In each case, there was a disclosure of the gist or substance of advice giv…
Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] HCA 49
Citation 17 (Para 1)

…in s 122(3), which make it plain that Parliament did not intend s 122(3) to limit or constrain s 122(2) in the way which WCL contends.[89] [88](2002) 213 CLR 543, [11], [43], [88], [132]. [89] Submissions of QUBE (dated 19 August 2013) [26].…
Sovereign v Bevillesta [2000] NSWSC 521
Citation 18

…[102] Sovereign v Bevillesta [2000] NSWSC 521, [23]; Boensch v Pascoe [2007] FCA 532, [38]; Dunstan v Orr [2008] FCA 31, [145].…
Mann v Carnell [1999] HCA 66
Citation 19

…tions of a party are plainly inconsistent with the maintenance of the confidentiality which the privilege is intended to protect Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 at 13 [29]; [1999] HCA 66. In Craine v Colonial Mutual Fire Insurance Co Ltd [1920] HCA 64; (1920) 28 CLR 305 at 326, it was explained th…
Graham Evans Pty Ltd v Stencraft Pty Ltd [1999] FCA 1670
Citation 20

…(amongst other things), conduct which indicates that the parties did in fact intend to contract (See: Vroon BV v Foster’s Brewing Group Ltd [1994] 2 VR 32 at 86, 89); and 2.implied in the absence of a signed agreement where the parties’ conduct is consistent with the hypothesis that an agreement was in fa…
NRMA Ltd v Morgan (No 2) [1999] NSWSC 694
Citation 21 (Para 1)

…[74] QUBE relied on the case of NRMA Ltd v Morgan (No 2) [75] to support its submission. [74] Submissions of QUBE (dated 19 August 2013) [9]. [75][1999] NSWSC 694, [9] (Giles J) and also Tirango Nominees Pty Ltd v Dairy Vale Foods Ltd (No 2) [1998] 83 FCR 397, 401-402.…
Ampolex Ltd v Perpetual Trustee Company (Canberra) Ltd [1996] NSWCA 14
Citation 22 (Para 1)

…ers, Uniform Evidence Law (Thomson Reuters, 10 th ed, 2012) [1.3.11080]. Odgers refers to Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1996) 40 NSWLR 12. [98]Ibid.…
Goldberg v NG [1995] HCA 39
Citation 23

…most cases concerning waiver, the area of dispute is whether it is to be implied. In some cases waiver will be imputed by the law Goldberg v Ng [1995] HCA 39; (1995) 185 CLR 83 at 95-96; [1995] HCA 39. with the consequence that a privilege is lost, even though that consequence was not intended by the party losin…
Waltons Stores (interstate) Ltd v Maher [1988] HCA 7
Citation 24

…olling stock in reliance on the representation by WCL that it had engaged [QUBE] for a three year term (See Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387; 76 ALR 513. See also Mobil Oil Australia Ltd v Lyndel Nominees Pty Ltd (1998) 81 FCR 475; 153 ALR 198). In summary, WCL is, and remains, liable to [QU…
Grundt v Great Boulder Pty Gold Mines Ltd [1937] HCA 58
Citation 25

…raine v Colonial Mutual Fire Insurance Co Ltd [1920] HCA 64; (1920) 28 CLR 305 at 326; [1920] HCA 64; Grundt v Great Boulder Pty Gold Mines Ltd [1937] HCA 58; (1937) 59 CLR 641 at 658; HCA 58. It may be express or implied. In most cases concerning waiver, the area of dispute is whether it is to be implied. In so…
Craine v Colonial Mutual Fire Insurance Co Ltd [1920] HCA 64
Citation 26

…bandons a right (or privilege) by acting in a manner inconsistent with that right (or privilege) Craine v Colonial Mutual Fire Insurance Co Ltd [1920] HCA 64; (1920) 28 CLR 305 at 326; [1920] HCA 64; Grundt v Great Boulder Pty Gold Mines Ltd [1937] HCA 58; (1937) 59 CLR 641 at 658; HCA 58. It may be express or i…
Adelaide Steamship Co Ltd v Spalvins [1999] FCA 781
Citation 27 (Para 1)

…ion to whether there has been sufficient disclosure to warrant the loss of privilege. [113] Submissions of QUBE (dated 19 August 2013) [18]. [114](1998) 81 FCR 360, [371].…
Esso Australia Resources Ltd v Commissioner of Taxation [1998] FCA 1655
Citation 28 (Para 1)

…icient disclosure, which is a quantitative test, to warrant “loss of privilege”.[121] [117][2013] VSC 475, [40]. [118](1998) 81 FCR 360. [119](1999) 201 CLR 49, 59-63. [120](1999) 201 CLR 1. [121][2013] VSC 475, [40].…
Mobil Oil Australia Ltd v Wellcome International Pty Ltd [1998] FCA 205
Citation 29

…e year term (See Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387; 76 ALR 513. See also Mobil Oil Australia Ltd v Lyndel Nominees Pty Ltd (1998) 81 FCR 475; 153 ALR 198). In summary, WCL is, and remains, liable to [QUBE] for the charges payable under the Agreement for the full three year term (including fe…
Lactalis Jindi Pty Ltd & Anor v Jindi Cheese Pty Ltd & Ors [2013] VSC 475
Citation 30 (Para 1)

…ied. His Honour stated that there would be a loss of client legal privilege if there had been sufficient disclosure to warrant loss of privilege. [95][2013] VSC 475, [40].…
Priceline Pty Ltd v JHY Nominees Pty Ltd [2010] VSC 61
Citation 31 (Para 1)

…persuading WCL to adopt a particular course, that is to comply with what QUBE asserted was the contractual position, can bring about such waiver. [61][2010] VSC 61.…

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