Ralph Lauren 57 Pty Ltd v Byron Shire Council; Ralph Lauren 57 Pty Ltd v Byron Shire Council

In *Ralph Lauren 57 Pty Ltd v Byron Shire Council*, the applicants sought access to a masked transcript of a confidential council session, arguing that the Council had waived privilege over certain legal advice. The primary dispute concerned whether the Council's submissions opposing the applicants' application for leave to appeal had disclosed the substance of the legal advice, thereby waiving privilege. The matter came before Leeming JA.

The central legal issue was whether the Council's submissions, made in opposition to the applicants' motion, constituted a waiver of legal professional privilege. Specifically, the court had to determine if these submissions disclosed the substance of the legal advice received by the Council, thereby forfeiting the privilege that would otherwise protect that advice.

Leeming JA found that the Council's submissions did not disclose the substance of the legal advice. The reasoning focused on the nature of the submissions, concluding that they did not reveal the content or effect of the advice itself, but rather argued against the applicants' entitlement to access it. Consequently, the court dismissed the applicants' motions for access to the masked transcript. The court also directed the Council to provide a masked transcript within seven days and reserved liberty to the applicants to make further applications. The applicants were ordered to pay the Council's costs of the dismissed motions.